Linda S. Moore v. Pat Jarvis, Sheriff, De Kalb County, Georgia

KRAVITCH, Circuit Judge:

Linda S. Moore, convicted for the third time of driving in Georgia under the influence of alcohol and sentenced to three months in jail and twenty-one months probation, appeals the denial of her petition for habeas corpus. We reverse, in part, and remand the case to the district court.

I. FACTS

Moore was arrested in June 1982 in the City of Oxford, Georgia, and charged with driving under the influence of alcohol (“DUI”), in violation of O.C.G.A. § 40-6-391.1 She pleaded nolo conten-dere, and, pursuant to subsection 391(c)(1), she was fined $200.00.2 In March 1985, Moore…