Beneke v. Parker

Full title: BENEKE v. PARKER et al

Court: Court of Appeals of Georgia

Date published: Oct 22, 2009

685 S.E.2d 479 (Ga. Ct. App. 2009)

685 S.E.2d 479

Opinion

No. A08A1504.

DECIDED OCTOBER 22, 2009.

Traffic offenses. Long Superior Court. Before Judge Rose.

Brennan, Harris Rominger, Mason White, James D. Kreyenbuhl, for appellant.

Phillips Kitchings, Richard Phillips, Blacknall Little, Willis H. Blacknall III, for appellees.

BLACKBURN, Presiding Judge.

In Beneke v. Parker, ¹ the Supreme Court of Georgia affirmed in part and reversed in part the judgment of this Court in Beneke v. Parker. ² Therefore, we vacate that portion of Division 1 of our opinion that the Supreme Court reversed and adopt the opinion of the Supreme Court as our own. The remainder of our opinion remains unchanged.

1 Beneke v. Parker, 285 Ga. 733 ( 684 SE2d 243) (2009).

2 Beneke v. Parker, 293 Ga. App. 186 ( 667 SE2d 97) (2008).

In doing so, we observe that the Supreme Court has emphasized in prior decisions that under OCGA § 16-2-1, "[f]or a violation of a statute to constitute a crime in Georgia, either criminal intention or criminal negligence must be present." Chapman v. State. ³ See Daniels v. State. ⁴ Yet in its opinion in Beneke, supra, the Supreme Court defined all misdemeanors as crimes, including all misdemeanors that are violations of the traffic code found in Chapter 6 of Title 40 of the Code of Georgia. Supra, 285 Ga. at 734. This appears to conflict with the various decisions of the Supreme Court and of this Court that have described motor vehicle safety statutes as imposing "strict criminal liability" because they "proscribe a particular act but make no reference to intent." Daniels v. State. ⁵ See Walden v. State ⁶ (convictions for violations of the Uniform Rules of the Road "require no proof of culpable criminal intent or criminal negligence"); Augustin v. State ⁷ ("violations of the offenses set forth in Title 40, Chapter 6, unless otherwise indicated, are strict liability offenses. As such, the State is not required to prove mental fault or mens rea in" the prosecution of such offenses). We cannot opine as to the effect the Supreme Court's Beneke opinion will have on future prosecutions of traffic offenses that were once considered strict liability offenses not requiring the showing of mens rea.

3 Chapman v. State, 266 Ga. 356, 358 (5) ( 467 SE2d 497) (1996).

4 Daniels v. State, 264 Ga. 460, 464 (2) (b) ( 448 SE2d 185) (1994).

5 Daniels, supra, 264 Ga. at 464 (2) (b), n. 4.

6 Walden v. State, 273 Ga. App. 707, 710-711 (1), n. 1 ( 616 SE2d 462) (2005).

7 Augustin v. State, 260 Ga. App. 631, 633-634 (2) ( 580 SE2d 640) (2003).

Judgment affirmed. Miller, C. J., and Ellington, J., concur.

BLACKBURN, Presiding Judge.

DECIDED OCTOBER 22, 2009.