The Georgia

Court of Appeals has reversed the conviction of a man for underage possession

of alcohol because Peachtree City police cited him with a state-issued

traffic ticket.

Attorneys for

Eric Shaver argued to the Georgia Court of Appeals that using state traffic

tickets for non-traffic offenses is improper according to Georgia law.

Martin Jones,

an attorney for the city, said the ruling affects the way Peachtree City

and many other cities in Georgia have prosecuted similar cases. The city

will seek an appeal with the Georgia Supreme Court, although there is

no guarantee the appeal will be heard, Jones added.

Peachtree City

has used the traffic tickets to cite offenders for misdemeanor charges

of underage possession of alcohol, possession of marijuana and shoplifting,

Jones said. Now, the city is forwarding such cases to the Fayette County

State Court for prosecution until the dispute can be resolved.

"We're

not a loose cannon," Jones said, noting that other area municipalities

such as Forest Park and Stockbridge have used traffic tickets to cite

offenders for non-traffic misdemeanor charges.

The use of

traffic tickets to charge offenders with possession of marijuana and shoplifting

makes sense because those charges can affect a person's license status

with the state, Jones said.

Jones noted

that the traffic citation process is overseen by the state Department

of Public Safety, which had not complained about the practice.

It makes sense

for the Department of Public Safety to be notified of non-traffic-related

marijuana and alcohol convictions because convictions can result in the

suspension of a driver's license, Jones said.

"The Department

of Public Safety has an interest in keeping track of those cases,"

Jones said.

Using the traffic

tickets also keeps officers from having to arrest and book such offenders

at a cost to the city, Jones added.

"We could

get warrants for them, arrest them and book them into the jail so they

can post bond, but is that the right thing to do with an already overcrowded

jail?" Jones said, adding that the city may be forced to do just

that.

The ramifications

of the Shaver ruling could affect the sentences of many offenders who

were sentenced using progressive sentencing laws on marijuana possession

or shoplifting cases that were brought using traffic citations, Jones

said.

"It could

mean that thousands of cases out there are arguably void," Jones

noted. "... We have to look closely at what we do and how we do it."

Jones added

that the solution may ultimately be to use a separate citation system

for underage possession of alcohol, possession of marijuana and shoplifting

charges.

Jones credited

Shaver's attorneys, Lloyd Walker and Joe Saia, for bringing the matter

to the state's attention. Without their challenge, no one would have noticed

the loopholes in the law, Jones added.

State legislators

will be approached to enact a law to close the loopholes, Jones said.

A similar case

involving Peachtree City is pending before the Georgia Court of Appeals.

Allison Beaman was also charged with underage possession of alcohol by

a traffic ticket, and Walker and Saia argue her conviction should be reversed

also.