Brown v. Earp

Benham, Justice.

We are called upon in this appeal to decide whether the 180-day period of limitation in OCGA § 40-13-33 (a) applies to all collateral attacks on misdemeanor traffic convictions or only to attacks by petition for habeas corpus relief. The question arose in Brown’s appeal to superior court from the decision of the Department of Public Safety declaring him a habitual violator and revoking his driver’s license. The superior court ruled that Brown’s effort in that appeal to make a collateral attack on some of the convictions on which his designation as a habitual violator was based…