Dillard v. State

Smith, Judge.

Dale Dillard was charged with driving under the influence of alcohol (Count 1) and disobedience of a traffic control device (Count 2) in one accusation. The jury found him guilty of Count 2, but was unable to agree on a verdict on Count 1. The trial court declared a mistrial with regard to Count 1 and delayed sentencing Dillard on Count 2 until after his retrial on Count 1. Before his retrial, Dillard filed a plea in bar, contending that a retrial would violate Georgia’s statutory proscriptions against double jeopardy. See OCGA §§ 16-1-7 and 16-1-8. The trial court denied…