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2018 Georgia Code 40-5-65 | Car Wreck Lawyer

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 5. Drivers' Licenses, 40-5-1 through 40-5-179.

ARTICLE 3 CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES

40-5-65. Restriction as to operation under foreign license during period of revocation or suspension.

Any resident or nonresident whose driver's license or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this chapter shall not operate a motor vehicle in this state under a license or permit issued by any other jurisdiction or otherwise during such suspension or after such revocation until the license is restored when and as permitted under this chapter.

(Code 1933, § 68B-314, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1990, p. 2048, § 4.)

JUDICIAL DECISIONS

Legal operation of vehicle by one whose license was revoked.

- Regardless of possession of a driver's license from any other state, one who has had one's Georgia driver's license revoked by the Department of Public Safety can legally thereafter operate a vehicle in Georgia only if the Department reauthorizes that person to do so. Goblet v. State, 174 Ga. App. 675, 331 S.E.2d 56 (1985).

One who has been properly notified that one has been declared a habitual violator by this state can thereafter lose that status and drive in Georgia only after the passage of five years and, pursuant to that person's application, the Department of Public Safety has determined that it will be safe to grant the person the privilege of driving a motor vehicle on the public highways. Goblet v. State, 174 Ga. App. 675, 331 S.E.2d 56 (1985).

An individual may not avoid prosecution for operating a motor vehicle in this state after having been declared a habitual violator by obtaining a valid license from another state. Tootle v. State, 203 Ga. App. 497, 417 S.E.2d 433 (1992).

Effect of premature issuance.

- Premature issuance of a driver's license to the defendant was not adequate to show as a matter of law that the defendant's driving privileges had been properly reinstated, nor did that premature issuance refute the evidence that the defendant drove a motor vehicle on a public highway at a time when the defendant's privilege to do so was suspended and before having the defendant's license reinstated when and as permitted by statutory procedure. Payne v. State, 209 Ga. App. 780, 434 S.E.2d 543 (1993); Grisson v. State, 237 Ga. App. 559, 515 S.E.2d 857 (1999).

Possession of Florida license not a defense.

- Under O.C.G.A. § 40-5-65, possession of a valid license from another state was not a defense to a habitual violator charge and created no presumption that the defendant was authorized to drive in Georgia; since the defendant testified that the defendant never inquired about reinstating the defendant's Georgia driving privileges, the evidence supported the defendant's habitual violator conviction. Stripling v. State, 279 Ga. App. 856, 632 S.E.2d 747 (2006).

Cited in Parks v. State, 180 Ga. App. 31, 348 S.E.2d 481 (1986).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 111.

C.J.S.

- 60 C.J.S., Motor Vehicles, § 328 et seq.

ALR.

- Constitutionality and construction of statutes with respect to nonresident motor vehicle operators' or drivers' licenses, 82 A.L.R. 1392.

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