Noeske v. State

Beasley, Judge.

The appeal is from convictions for driving while license suspended (OCGA § 40-5-121) and speeding (OCGA § 40-6-181) and from the denial of a motion for new trial.

1. Appellant maintains that he could not have been convicted under OCGA § 40-5-121 because he had been declared a habitual violator and thus came within the exception in subsection (a).

Noeske was originally charged under the habitual violator statute, OCGA § 40-5-58. At a preliminary hearing it was determined that the state could not prove that he received the requisite notice which is an element of that statutory…