Understanding General and Special Demurrers,Their Key Differences, and How It Applies to DUI Cases
In the intricate landscape of legal procedures, demurrers play a crucial role in the judicial process. For those unfamiliar, a demurrer is an objection that an opponent's point is irrelevant or invalid while conceding the factual basis of the point. This legal tool comes in two primary forms: general and special demurrers. Understanding the distinctions between these two can be essential for anyone navigating the legal system in Georgia.
General Demurrers: Challenging the Legal Sufficiency
A general demurrer contests the legal sufficiency of the opposing party's pleading. It argues that even if all the factual allegations are true, they do not constitute a legally sufficient claim or defense. The test for a general demurrer is if you can admit all the allegations in the official charging document either an indictment or accusation and still not be guilty of the crime charged by the Government. This type of demurrer does not challenge the specifics of the facts presented but rather the substantive basis of the legal claim.
General demurrers are a notable feature in Georgia case law, as exemplified by the case of Powell v. State. In this case, the Supreme Court of Georgia ultimately granted the general demurrers. Initially, the trial court had denied these demurrers, prompting the case to be appealed to the Supreme Court. The higher court reversed the trial court’s decision, stating that Powell (and Scott) could admit to every fact alleged in the indictment and still be innocent of the crimes charged by the State. The charges could not withstand general demurrers because, even if all the allegations were true, they did not satisfy all the essential elements of the crimes charged.
Other cases of general demurrers can be seen in State v. Crumpton and Yeamans v. State. The court decided in both of these cases, the alleged facts did not constitute the alleged crime, even if true.
A general demurrer can be filed at any time even after a trial has begun
Special Demurrers: Targeting Specific Deficiencies
In contrast, a special demurrer targets specific deficiencies in the opponent's pleading, such as ambiguity, vagueness, or the lack of essential details. It requires the opposing party to clarify or correct specific aspects of their claim or defense.
A special demurrer might be used when a criminal charge includes allegations that are too vague to allow the defendant to formulate a proper response. For instance, if a plaintiff alleges misconduct without specifying the time, place, or nature of the misconduct, a special demurrer would request more precise details to ensure that the defendant can adequately prepare a defense.
Special demurrers are also evident in Georgia case law, as illustrated by the case of Thomas v. State. In this instance, the Georgia Court of Appeals determined that the trial court erred in denying the defendant’s special demurrer to counts related to the possession of illegal weapons. The appellate court granted the special demurrers, noting that the weapons Thomas was charged with possessing were not described in sufficient detail. This lack of specificity in the charges failed to adequately inform the defendant of what he needed to prepare to defend against.
Special demurrers have also been instituted in cases such as State v. Jackson and State v. Jones. The court found in these cases that the accusations did not specify the facts of the case to a degree that allowed the defendant to prepare an adequate defense.
Special demurrers must be filed either before arraignment (your first court date after an indictment or accusation is filed) or within ten days of arraignment. See, OCGA 17-7-110.
Strickland v. State Emphasizes the Difference Between Special and General Demurrers
The distinction between general and special demurrers was highlighted in the case Strickland v. State, decided by the Court of Appeals of Georgia on January 25, 2019. Strickland was cited for “following too closely,” but the citation did not note the speed of the vehicles, condition of highway, and whether Strickland was unreasonable or imprudent. Without those specific indications (which are the conditions for following too closely under OCGA § 40-6-49). In this case, the defendant, Strickland, challenged the sufficiency of the charges brought against him due to there being a lack of essential elements listed.
The trial court stated, "A special demurrer is used to seek more detail in the indictment when the allegations are so vague or ambiguous that they fail to provide the accused with adequate notice of the charges against him." In Strickland's case, the trial court found that the indictment was sufficiently clear to inform him of the charges, thus denying the special demurrer. However, the Georgia Court of Appeals reversed Strickland’s conviction, deeming the citation defective as it did not allege that his charges of following too closely were unreasonable or imprudent.
Strickland v. State revolved around whether the accusation and/or uniform traffic citation sufficiently informed Strickland of the charges so he could prepare a defense. The court's decision underscored the importance of precise and clear pleadings, which is central to the concept of both special and general demurrers. The ruling emphasized that when an indictment, accusation or uniform traffic citation lacks the necessary detail to inform the accused of the specific conduct leading to the charges, it is subject to a general demurrer.
Application in DUI Cases
Understanding how general and special demurrers function is particularly pertinent in DUI (Driving Under the Influence) cases. DUI charges often involve complex legal and factual scenarios, making the clarity and sufficiency of indictments critical.
A general demurrer in a DUI case might argue that the allegations, even if true, do not constitute a violation of DUI laws. For example, if an accusation or indictment fails to allege that the defendant was operating a vehicle while impaired by alcohol or drugs, a general demurrer could be used to seek dismissal on the grounds that the legal elements of DUI are not met.
A special demurrer in a DUI case would focus on the specificity of the charges. For instance, if an indictment merely states that the defendant was "driving under the influence" without detailing the time, place, and nature of the alleged impairment, a special demurrer could be filed to request more detailed information. This would help the defendant prepare a precise and informed defense, addressing specific allegations such as blood alcohol concentration levels, field sobriety test results, and other pertinent details.
Exception to Demurrers
Although Demurrers are useful in criminal cases, with the introduction of the Civil Practice Act and notice pleadings, they have been largely eliminated in civil cases. Rather than granting demurrers to defend against vague or mis-documented charges, a defendant now files a motion to dismiss or a motion for a more definite statement. Instead of demurring to a complaint, a defendant now files a motion to dismiss for failure to state a claim upon which relief can be granted (similar to a general demurrer). Motions for a more definite statement can be used if the pleading is so vague or ambiguous that the defendant cannot reasonably be required to frame a responsive pleading (similar to a special demurrer).
The distinction between general and special demurrers is a vital aspect of legal strategy, providing tools to challenge the sufficiency and clarity of allegations in both civil and criminal cases. The case of Strickland v. State serves as an illustrative example, highlighting how courts assess these demurrers to ensure that defendants receive fair notice of the charges against them.
In DUI cases, leveraging general and special demurrers can be particularly effective in ensuring that charges are both legally sufficient and detailed enough to mount a robust defense. Whether contesting the basic legality of the charges or seeking greater specificity, understanding and utilizing demurrers can be a critical component of DUI defense strategy.
For legal assistance or more information on how demurrers might apply to your case, especially in the context of DUI charges, feel free to contact our office. Our experienced attorneys are here to provide the guidance and representation you need.
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Disclaimer
The information in this blog post is for general informational purposes only and should not be construed as legal advice. Please consult with an attorney to discuss your specific legal situation.