State of Ga. v. Callaway

Undercofler, Presiding Justice.

This appeal is from the finding of the trial court that the habitual violator statute (Code §§ 92A-455 through 92A-463; Ga. L. 1972, p. 1086, as amended, and now repealed by Ga. L. 1975, pp. 1008, 1044) is unconstitutional as applied to the appellee under the due process and equal protection provisions of the State and Federal Constitutions (Code Ann. §§ 2-302, 1-815) because it provides for the termination of drivers’ licenses for an act or acts occurring prior to the effective date of such statute. Held:

1. In Fowler v. State, 235 Ga. 535 (221 SE2d 9) (1975)…