Lanwehr v

State, 265 Ga. App. 359, 593 S.E.2d 897 (2004). There was sufficient evidence to support the defendant’s conviction for vehicular homicide by driving under the influence of alcohol. The testimony of the arresting officer that the defendant appeared intoxicated, a videotape of the defendant interacting with the officer at the scene, the testimony of an expert that indicated that the defendant took no evasive actions and struck the pedestrian in a well-lighted area, and the testimony of witnesses that the defendant ran a red light supported the defendant’s conviction. Brown v. State, 291 Ga. App. 383, 662 S.E.2d 206 (2008). Because a police officer observed the defendant make a turn even though the arrows indicating that turn remained red, the valid traffic stop was not impermissibly prolonged pending the arrival of a second officer due to the first officer’s incapacity to smell; accordingly, the evidence was sufficient to sustain the defendant’s conviction for driving under the influence and failing to obey a traffic control device under O.C.G.A. §§ 40-6-20 and 40-6-391(a)(1), (a)(5). Peterson v. State, 294 Ga. App. 128, 668 S.E.2d 544 (2008). Evidence was sufficient to support the defendant’s conviction for disobeying a traffic control device under O.C.G.A. § 40-6-20 because, although the defendant never reached the intersection at issue because the defendant rear-ended the last of three cars sitting at the intersection, a reasonable reading of the statute required that a driver facing a red traffic light stop behind the stop line or cross walk and also behind those vehicles stopped in observance of the traffic light. Brogdon v. State, 299 Ga. App. 547, 683 S.E.2d 99 (2009), aff ’d, 287 Ga. 528, 697 S.E.2d 211 (2010). Jury cannot decide speed limit of unmarked area. — Issue should not be left after the event for a jury to decide, since official action has not been taken, 40-6-20 whether it considers an unmarked area to have a certain speed limit. Harper v. Brown, 122 Ga. App. 316, 176 S.E.2d 621 (1970). Giving charge regarding the lack of an absolute duty to have one’s vehicle under control was error since it was undisputed that the defendant ran a red light; the charge given applies to intersections where right-of-way rules apply. Fouts v. Builders Transp., Inc., 222 Ga. App. 568, 474 S.E.2d 746 (1996). Fine for running red light. — Defendant’s fine of $252 for running a red light was not excessive under state law since a misdemeanor is generally punishable by a fine not to exceed $1,000 or a sentence not to exceed 12 months. The fact that the trial court might generally impose lesser fines in other cases would not without more render a larger fine impermissible in a particular case. Riddle v. State, 202 Ga. App. 194, 413 S.E.2d 494 (1991). City did not violate a driver’s substantive due process rights by adding court surcharges under O.C.G.A. § 15-21-73 to a penalty for running a red light under O.C.G.A. § 40-6-20 before stopping the practice pursuant to an opinion by the state attorney general; the city’s actions of collecting surcharges that the city thought were permissible under state law and remitting the monies to other governmental authorities appeared to have been taken in good faith and did not shock the conscience. City of Duluth v. Morgan, 287 Ga. App. 322, 651 S.E.2d 475 (2007). Cited in Liberty Mut. Ins. Co. v. Bray, 136 Ga. App. 587, 222 S.E.2d 70 (1975); Andrews v. Buckner, 143 Ga. App. 862, 240 S.E.2d 266 (1977); Georgia S. & Fla. Ry. v. Odom, 152 Ga. App. 664, 263 S.E.2d 469 (1979); State v. Williams, 156 Ga. App. 813, 275 S.E.2d 133 (1980); Washington v. Washington, 181 Ga. App. 848, 354 S.E.2d 25 (1987); Duke Trucking Co. v. Giles, 185 Ga. App. 833, 366 S.E.2d 216 (1988); Ward v. State, 188 Ga. App. 372, 373 S.E.2d 65 (1988); Lyons v. State, 208 Ga. App. 632, 431 S.E.2d 432 (1993); DOT v. Jackson, 229 Ga. App. 321, 494 S.E.2d 20 (1997); Howard v. State, 233 Ga. App. 861, 505 S.E.2d 270 (1998); Driver v. State, 240 Ga. App. 513, 523 S.E.2d 919 (1999); United States v. Benitez-Macedo, 129 Fed. Appx. 54 506 (11th Cir. 2005); Jaheni v. State, 285 Ga. App. 266, 645 S.E.2d 735 (2007); Horne v. State, 286 Ga. App. 712, 649 S.E.2d 889 (2007); Green v. State, 287 Ga. 40-6-21 App. 248, 651 S.E.2d 174 (2007); Dunagan v. State, 283 Ga. 501, 661 S.E.2d 525 (2008); State v. Ogilvie, 292 Ga. 6, 734 S.E.2d 50 (2012).