Castillo-Solis v. Georgia
Annotate this CaseThe Supreme Court granted Appellant Fernando Castillo-Solis's application for interlocutory appeal to challenge the trial court's ruling that OCGA 40-5-20(a), which prohibits driving in Georgia without a valid driver's license, was constitutional as applied to him. "Many of Appellant's constitutional challenges were premised on his incorrect interpretation of 40-5-20 (a) as including a 'retroactive amnesty' provision;" the Court concluded that the trial court properly construed that the statute does not allow a person who has been cited for driving without a valid license to avoid guilt by later obtaining a Georgia driver's license. Therefore the Court concluded that 40-5-20 (a) did not violate due process or equal protection as applied to Appellant, that the statute did not impair his right to defend himself in court, and that he failed to show that the Georgia statute was preempted by federal law.
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