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Wallace v. State

Court of Appeals of Georgia
Apr 22, 1981
280 S.E.2d 385 (Ga. Ct. App. 1981)

Opinion

61631.

DECIDED APRIL 22, 1981.

Habitual violator. Meriwether Superior Court. Before Judge Knight.

Steven E. Fanning, for appellant.

Arthur E. Mallory III, District Attorney, Marc E. Acree, Assistant District Attorney, for appellee.


The defendant appeals her conviction for operating a motor vehicle after having been declared a habitual violator. Held:

1. Objection was taken to the admission of certain Department of Public Safety traffic records. These records, properly certified, were "admissible as evidence in any civil or criminal proceeding as proof of the contents thereof." Code Ann. § 68B-215 (e) (Ga. L. 1975, pp. 1008, 1021; 1978, p. 920; 197, p. 142; 1980, pp. 917, 918). Niehaus v. State, 149 Ga. App. 575 (1) ( 254 S.E.2d 895); Magruder v. Cofer, 153 Ga. App. 7 (3) ( 264 S.E.2d 506); Hight v. State, 153 Ga. App. 196 (2) ( 264 S.E.2d 717).

2. Defendant argues that the evidence fails to show she received notification of the determination that she was a habitual violator. However, Code Ann. § 68B-308 (a) (Ga. L. 1975, pp. 1008, 1032; as amended through Ga. L. 1980, pp. 691, 693) provides: "Notice shall be given by certified mail, with return receipt requested; or in lieu thereof notice may be given by personal service upon such person . . . . For the purpose of this Title, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima facie evidence that such person received the required notice." Here there is a receipt and other evidence indicating the defendant was personally served.

Judgment affirmed. McMurray, C. J., and Pope, J., concur.

DECIDED APRIL 22, 1981.


Summaries of

Wallace v. State

Court of Appeals of Georgia
Apr 22, 1981
280 S.E.2d 385 (Ga. Ct. App. 1981)
Case details for

Wallace v. State

Case Details

Full title:WALLACE v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 22, 1981

Citations

280 S.E.2d 385 (Ga. Ct. App. 1981)
280 S.E.2d 385

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