GA 40-5-60 - GA 40-5-60

JUDICIAL DECISIONS Necessity of actual or constructive notice. - Since one element of the offense of driving while one's license is in a mandatory state of suspension is notice to the defendant of the action, absent proof by the state of actual or legal notice, a conviction for the offense of driving while one's license is suspended cannot be sustained. State v. Orr, 246 Ga. 644 , 272 S.E.2d 346 (1980). Conviction for driving while one's license is in a mandatory state of suspension may be sustained when one is charged with constructive notice of suspension by operation of law. Hale v. State, 188 Ga. App. 524 , 373 S.E.2d 250 , cert. denied, 188 Ga. App. 911 , 373 S.E.2d 250 (1988). Notice contemplated by O.C.G.A. § 40-5-60 applies to all suspensions provided for in O.C.G.A. Ch. 5, T. 40, ...