Roberts v. Burgess, 279 Ga. 486

Summary

The Supreme Court of Georgia upheld OCGA § 40-5-22(c)(2) and (7) against an equal protection challenge by a driver whose Florida license had been permanently revoked for DUI offenses. The court held that applicants with revoked out-of-state licenses are rationally distinguishable from other Georgia license applicants and affirmed the denial of the driver's license.

Holdings

1. OCGA § 40-5-22(c)(2) does not violate equal protection because applicants whose out-of-state licenses were suspended or revoked are not similarly situated to Georgia residents without such an adverse out-of-state driving record, and the classification satisfies rational-basis review.
2. OCGA § 40-5-22(c)(7) does not violate equal protection by permitting Georgia to consider the suspension or revocation of a driver's license by another jurisdiction.
3. Roberts's arguments concerning OCGA § 40-5-5 were waived because the superior court did not rule on that constitutional challenge.

Questions Presented

1. Whether OCGA § 40-5-22(c)(2) violates equal protection by denying or refusing to renew a Georgia driver's license for a person whose license from another jurisdiction was suspended or revoked on grounds that would authorize suspension or revocation under Georgia law.
2. Whether OCGA § 40-5-22(c)(7) violates equal protection by taking into account the suspension or revocation of an out-of-state license.
3. Whether Roberts's constitutional challenge to OCGA § 40-5-5 was preserved for appellate review.

Disposition

affirmed