GA 40-5-58 - GA 40-5-58

Sentence and Appeal Crime of moral turpitude. - Violation of O.C.G.A. § 40-5-58 reflects a callous and repeated disregard for the safety and welfare of other people, conviction for which is a crime of moral turpitude within the meaning of Ga. Const. 1983, Art. II, Sec. I, Para. III(a). Jarrard v. Clayton County Bd. of Registrars, 262 Ga. 759 , 425 S.E.2d 874 (1993), overruled on other grounds, Cook v. Board of Registrars, 291 Ga. 67 , 727 S.E.2d 478 (2012). Former Code 1933, § 68B-308 (see now O.C.G.A. § 40-5-58 ) was not a recidivist statute. Bollen v. State, 155 Ga. App. 181 , 270 S.E.2d 227 (1980). Subsection (c) of former Code 1933, § 68B-308 (see now O.C.G.A. § 40-5-58 ), was not a recidivist statute and in a prosecution under that section it was not necessary to prove the defendant's...