Wallace v. State

Court of Appeals of Georgia

Wallace v. State

280 S.E.2d 385, 158 Ga. App. 338, 1981 Ga. App. LEXIS 2195

CourtCourt of Appeals of Georgia

DecidedApril 22, 1981

Docket61631

StatusPublished

Cited by3 cases

This text of 280 S.E.2d 385 (Wallace v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wallace v. State, 280 S.E.2d 385, 158 Ga. App. 338, 1981 Ga. App. LEXIS 2195 (Ga. Ct. App. 1981).

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Opinion

Quillian, Chief Judge.

The defendant appeals her conviction for operating a motor vehicle after having been declared a habitual violator. Held:

' 1. Objection was taken to the admission of certain Department of Public Safety traffic records. These records, properly certified, were “admissible as evidence in any civil or criminal proceeding as proof of the contents thereof.” Code Ann. § 68B-215 (e) (Ga. L. 1975, pp. 1008, 1021; 1978, p. 920; 1979, p. 142; 1980, pp. 917, 918). Niehaus v. State, 149 Ga. App. 575 (1) (254 SE2d 895); Magruder v. Cofer, 153 Ga. App. 7 (3) (264 SE2d 506); Hight v. State, 153 Ga. App. 196 (2) (264 SE2d 717).

2. Defendant argues that the evidence fails to show she received notification of the determination that she was a habitual violator. However, Code Ann. § 68B-308 (a) (Ga. L. 1975, pp. 1008, 1032; as amended through Ga. L. 1980, pp. 691,693) provides: “Notice shall be given by certified mail, with return receipt requested; or in lieu thereof notice may be given by personal service upon such person---For the purpose of this Title, notice given by certified mail with return receipt requested mailed to the person’s last known address shall be prima facie evidence that such person received the required notice.” Here there is a receipt and other evidence indicating the defendant was personally served.

Judgment affirmed.

McMurray, C. J., and Pope, J., concur.

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Quillian, Chief Judge.

The defendant appeals her conviction for operating a motor vehicle after having been declared a habitual violator. Held:

' 1. Objection was taken to the admission of certain Department of Public Safety traffic records. These records, properly certified, were “admissible as evidence in any civil or criminal proceeding as proof of the contents thereof.” Code Ann. § 68B-215 (e) (Ga. L. 1975, pp. 1008, 1021; 1978, p. 920; 1979, p. 142; 1980, pp. 917, 918). Niehaus v. State, 149 Ga. App. 575 (1) (254 SE2d 895); Magruder v. Cofer, 153 Ga. App. 7 (3) (264 SE2d 506); Hight v. State, 153 Ga. App. 196 (2) (264 SE2d 717).

2. Defendant argues that the evidence fails to show she received notification of the determination that she was a habitual violator. However, Code Ann. § 68B-308 (a) (Ga. L. 1975, pp. 1008, 1032; as amended through Ga. L. 1980, pp. 691,693) provides: “Notice shall be given by certified mail, with return receipt requested; or in lieu thereof notice may be given by personal service upon such person---For the purpose of this Title, notice given by certified mail with return receipt requested mailed to the person’s last known address shall be prima facie evidence that such person received the required notice.” Here there is a receipt and other evidence indicating the defendant was personally served.

Judgment affirmed.

McMurray, C. J., and Pope, J., concur.

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280 S.E.2d 385, 158 Ga. App. 338, 1981 Ga. App. LEXIS 2195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-state-gactapp-1981.

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