administrative license suspension hearing (Georgia) · Go Syfert
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administrative license suspension hearing in Georgia

5 Georgia opinions name it 2 courts 1995–2019 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Patterson v. Stategreen
ga · 1982 · cited in 1 Georgia opinions naming this issue, 1996–1996
2 sentences

1996See Patterson v. State, 248 Ga. 875, 877 ( 287 SE2d 7 ).

1996See Patterson v. State, 248 Ga. 875, 877 ( 287 SE2d 7 ).

11
Nelson v. Stategreen
gactapp · 1953 · cited in 1 Georgia opinions naming this issue, 1995–1995
2 sentences

1995While the suspension of a driver’s license may arguably be characterized as an affirmative restraint, it does not require a finding of scienter, and “it is actually the revocation of a privilege voluntarily granted, a traditional attribute of a remedial action.” (Citation and punctuation omitted.) Id.; Nelson v. State, 87 Ga. App. 644, 648 ( 75 SE2d 39 ) (1953); OCGA §§ 40-1-1 (24) (B); 40-5-1 (16) and (17).

1995While the suspension of a driver’s license may arguably be characterized as an affirmative restraint, it does not require a finding of scienter, and “it is actually the revocation of a privilege voluntarily granted, a traditional attribute of a remedial action.” (Citation and punctuation omitted.) Id.; Nelson v. State, 87 Ga. App. 644, 648 ( 75 SE2d 39 ) (1953); OCGA §§ 40-1-1 (24) (B); 40-5-1 (16) and (17).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
ADAMS v. the STATE. green
gactapp · 2017
2 sentences

2019The Court of Appeals affirmed his convictions in Adams v. State , 344 Ga. App. 159 , 809 S.E.2d 87 (2017), and we granted certiorari to consider this ruling.

2019The Court of Appeals affirmed his convictions in Adams v. State, 344 Ga. App. 159 ( 809 SE2d 87 ) (2017), and we granted certiorari to consider this ruling.

22019–2019
Flading v. State green
gactapp · 2014
2 sentences

2017See OCGA § 40-5-67.1 (d), (f), (g) ; Flading v. State , 327 Ga. App. 346 , 347, n. 2, 759 S.E.2d 67 (2014).

2017See OCGA § 40-5-67.1 (d), (f), (g) ; Flading v. State , 327 Ga. App. 346 , 347, n. 2, 759 S.E.2d 67 (2014).

12017–2017

Statutes the citing opinions construe

GA § 40-5-67.1 (5) GA § 24-1-103 (3) GA § 24-4-403 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 6 (1996–2022) CT 6 (1991–1993) WA 6 (2002–2005) GA 5 (1995–2019) TX 4 (1998–2011) ID 3 (2008–2025) KS 3 (2008–2011) AZ 2 (2002–2002) MD 2 (2011–2019) VA 2 (1996–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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