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Spackmanv.State

CourtCourt of Appeals of Georgia
Docket No.A25A0235
DecidedJuly 1, 2025
Reporter376 Ga. App. 176; 918 S.E.2d 373; 2025 Ga. App. LEXIS 304; 2025 LX 218077; 2025 WL 1805321
JudgesMCFADDEN, Presiding Judge. Judgment reversed. Brown, C.J., Doyle, P.J., Markle and Land, JJ., concur. Barnes, P.J., Hodges, Padgett and Davis, JJ., concur specially. Dillard, P.J., Rickman, P.J., Mercier, Gobeil, Pipkin, Watkins, JJ., dissent.
Tags
CriminalTraffic OffensesStatute of LimitationsUniform Traffic CitationCommencement of ProsecutionPlea in BarOverruling Precedent
Case Summary

Hank Spackman's appeal turned on when a misdemeanor traffic prosecution begins for limitations purposes: when the officer issues the uniform traffic citation or when the citation is filed in court. The Court of Appeals of Georgia held that filing, not issuance, commences the prosecution, expressly overruled contrary precedent, and concluded that the later accusation came too late because the UTCs were never filed. The denial of Spackman's plea in bar was therefore reversed.

Opinion

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