State v. Johnson

Johnson, Presiding Judge.

The state appeals from the state court’s order granting Stephen Johnson’s motion to dismiss a DUI accusation and transferring the case back to the recorder’s court for resolution. For the reasons set forth below, we reverse the judgment of the state court.

In May 2001, Gwinnett County police arrested Johnson for DUI and issued a citation accusing him of violating OCGA § 40-6-391. Johnson was ordered to appear in the Recorder’s Court of Gwinnett County.

In July 2001, Johnson filed in the recorder’s court a motion to dismiss for lack of jurisdiction, alleging that the…