State v. Bailey

Outcome: The Georgia Court of Appeals agreed with me.

Description: The City of Atlanta Police Department charged Mr. Bailey with attempting to allude a police officer, driving with a suspended license and no proof of insurance when they claimed he tried to avoid a road block. At trial, the jury acquitted Mr. Bailey of attempting to allude a police officer but convicted him of driving with a suspended license and no proof insurance. During sentancing, I argued to the Late Honorable Lenwood A. Jackson that a $25 fine should be imposed instead of the $1,000 fine because Mr. Bailey produced his insurance card at trial. Judge Jackson disagreed and imposed the $1,000 fine. We appealed to the Court of Appeals on this issue. After submitting briefs and arguing before the Court of Appeals, they agreed with my position that a trial court cannot impose a $1,000 fine when a defendant produces a valid insurance card at trial for no proof of insurance. This was the first case heard on this issue and set the precedant in Georgia on this issue.