Hughes v. State

Hunstein, Justice.

Jeffrey Scott Hughes was convicted of being an habitual violator, OCGA § 40-5-58, and he appeals contending that statute violates the Georgia and Federal constitutions because it contains no mens rea element. We do not reach this issue, however, because we find Hughes’ conviction must be reversed due to the trial court’s error in denying his motion to suppress evidence.

1. Marietta Police Officer McCollum testified at the motion to suppress hearing that at the time of the traffic stop in issue, he had been working the morning shift for two years and was assigned at six-week…