Earp v. Lynch

Bell, Justice.

Appellant is the Commissioner of the Department of Public Safety. He appeals a decision granting habeas corpus relief to appellee Lynch. We are asked to decide whether the trial court correctly held that a revocation of a driver’s license under the habitual violator statute, OCGA § 40-5-58, may not be based on a predicate offense which was later expunged under the First Offenders Act, OCGA § 42-8-60 et seq. We do not reach the merits of appellant’s contentions because we find that appellee did not bring his appeal within thirty days following the Department of Public Safety’s…