Mikell v. Hortenstine

Ellington, Presiding Judge.

Robert G. Mikell, in his capacity as commissioner of the Department of Driver Services (the “Department”), following our grant of his application for discretionary appeal, appeals from the trial court’s order reversing the Department’s decision to deny, as untimely, Jaysen Hortenstine’s request for an administrative license suspension hearing pursuant to OCGA § 40-5-67.1 (g). We agree with Mikell that the actions of Hortenstine’s attorney in failing to mail a timely request for a hearing were imputed to Hortenstine, and reverse.

While a hearing on an appeal to the…