Allender v. State

Birdsong, Presiding Judge.

Tina Georgette Allender filed a plea of former jeopardy to prosecutions for driving under the influence and improper lane change. Allender’s plea in bar asserted that the suspension of her driver’s license by the Georgia Department of Public Safety was a “prior prosecution” which placed her in jeopardy and bars further prosecution for the criminal offenses. The trial court denied Allender’s plea in bar, and Allender appeals. Held:

1. The State concedes Georgia law allows a criminal defendant the right to a direct appeal from the denial of a plea of former jeopardy…