Court of Appeals reinstates Judge’s suspension of a limited driving permit.

Topic: DUI, Decided by Judge Brown 
Docket Number: 1232100 , Decision Date: 2012-06-18 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

The Department of Driver Services was permitted to revoke Petitioner’s Limited Driving Permit after he pled nolo contendere to a speeding violation and paid a fine.  Double jeopardy did not bar the suspension because a license suspension is not a conviction or a punishment but furthers public safety.  Suspension was proper because, although a nolo plea is not an admission of guilt in a criminal case, payment of a fine constituted a conviction relating to the movement of vehicles under Title 40, Motor Vehicles and Traffic.  On appeal, the superior court reinstated Petitioner’s license.  The Georgia Court of Appeals reversed the reinstatement on the grounds that Petitioner’s appeal was untimely and that the Department had not received proper notice of the evidentiary hearing.