Collins v. State

Banke, Chief Judge.

The appellant was arrested by a state trooper for the offenses of speeding and driving under the influence. Both charges were returned to the Probate Court of Henry County; and, prior to trial, the appellant sought to dispose of the speeding charge by paying a fine of $99 to the clerk of the probate court. The clerk accepted the fine and duly issued the appellant a receipt therefor. The appellant then filed a plea in bar to the DUI charge, contending that any further prosecution would be in violation of OCGA § 16-1-7 (b), which provides, in pertinent part, that “[i]f the…