Burtts v. State

• Decision Date: 04 February 1994
• Docket Number: No. A93A2253,A93A2253
• Parties: BURTTS v. The STATE.
• Court: Georgia Court of Appeals

Page 727

440 S.E.2d 727

211 Ga.App. 840

BURTTS v. The STATE.

No. A93A2253.

Court of Appeals of Georgia.

Feb. 4, 1994.

Manning & Leipold, Calvin A. Leipold, Jr., Decatur, for appellant.

Cheryl F. Custer, Dist. Atty., Alan S. Clarke, Asst. Dist. Atty., for appellee.

BEASLEY, Presiding Judge.

Appellant was charged by accusation of driving under the influence of alcohol and failure to use a seat belt. The court denied a motion to suppress/motion in limine which alleged illegality of his arrest. Pursuant to Mims v. State, 201 Ga.App. 277, 278(1), 410 S.E.2d 824 (1991), the court permitted a plea of guilty with a preservation of his right to appeal the ruling on the motion.

The trial court found that in March 1993 a trooper stopped appellant's 1979 vehicle because it had a drive-out license plate rather than a regular license plate. His policy is to stop all used vehicles with drive-out license plates to see if they have proper registration and whether they have properly applied to purchase a license plate. Appellant produced the required paperwork to show that he had just purchased the vehicle. He was arrested for driving under the influence of alcohol based on Lloyd's observations of him after he was stopped. The court held that the investigatory stop was lawful and denied the motion, having concluded that a drive-out license plate is only an advertisement for a car dealership and has no more legal authority than no license plate at all.

Appellant argues that OCGA § 40-2-20(a) gives the purchaser of a motor vehicle which does not have a current and valid Georgia registration 21 days from the date of purchase within which to register and obtain a license to operate it. Although true, it does not mean that if a person operates a motor vehicle within the 21-day grace period without a valid license plate, he is exempt from an investigative stop.

OCGA § 40-2-8(b) provides, "It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and provided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties." This contemplates that the driver of a newly purchased vehicle may be stopped by police because the vehicle does not exhibit a valid numbered license...