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Eason v. Dozier

The Court affirmed the timing of the revocation of a driver's license based on the driver's habitual violator status.

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Harry Lloyd Eason appeals from the Evans County Superior Court order affirming an administrative hearing officer’s decision, which upheld the Georgia Department of Driver Services’s “DDS” September 11, 2007 revocation of Eason’s driver’s license based on his status as a habitual violator, pursuant to OCGA §b. Eason does not contest his status as a habitual violator, but challenges the date upon which the five-year revocation is deemed to have begun. Finding no reversible error, we affirm. Because this appeal presents only questions of law, we perform a de novo review of the trial court’s order.1 The uncontested facts reflect that on March 30, 2003, Eason was involved in a motor vehicle incident, which resulted in charges for first degree vehicular homicide,2 driving under the influence “DUI”,3 racing,4 and failure to maintain lane.5 Eason pleaded guilty and was convicted of those charges on October 7, 2004; he later surrendered his driver’s license to the Department of Corrections when he entered the Bulloch County Correctional Facility in January2005.

On March 21, 2007, Eason was notified by DDS that his license had been suspended indefinitely based on his 2004 convictions for racing and DUI. Eason was released from prison in May 2007 and completed the necessary requirements to have the suspension lifted from his license. Nevertheless, on August 28, 2007, DDS sent notification to Eason that as of September 11, 2007, he would be declared a habitual violator, pursuant to OCGA § 40-5-58, and he would not be eligible for reinstatement of his license for five years from the later of September 11, 2007, or the date upon which he surrendered his license to DDS September 20, 2007. The declaration was based on Eason’s 2004 convictions for vehicular homicide, racing, and DUI.

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