Sims v. State

Judge Harold R. Banke.

The appellant was charged with the offense of driving under the influence of alcohol pursuant to OCGA § 40-6-391 (a) (4). Prior to tendering a plea of guilty, he filed a request for first offender treatment under OCGA § 42-8-60 et seq., asking the trial court to impose a fine and suspend sentence upon payment of the fine rather than placing him on probation. The trial court denied that request, on the ground that OCGA § 40-6-391 precluded first offender treatment in DUI cases, regardless of whether the imposed sentence was probated, suspended, or served. This appeal…