Horne v. Massey
Horne v. Massey
Opinion of the Court
Marshall Horne, Commissioner of the Georgia Department of Motor Vehicle Safety (the “DMVS”), appeals the order of the Superior Court of Dougherty County concluding that OCGA § 40-5-57.1 (a) did not authorize the DMVS to suspend the license of a person over the age of 21 years who had committed a traffic offense under the statute while under the age of 21. We affirm.
The facts are not disputed in this case. The record shows that Matthew D. Massey, who was born on May 5, 1982, was stopped for exceeding the posted speed limit on October 28, 2001; he was 19 years old at the time. The citation charged him with traveling 58 miles per hour in a 30 miles-per-hour zone. According to testimony at trial, this offense was a four-point violation under OCGA § 40-5-57.1 (a). On November 29, 2001, Massey forfeited bond and paid the traffic citation. According to the testimony at trial, this was the only traffic citation Massey had ever been issued in Georgia.
The trial court concluded that the DMVS could not do so, and we agree. The first rule of statutory construction is to construe the statute to effectuate the intent of the legislature.
Judgment affirmed.
Wheeler County Bd. of Tax Assessors v. Gilder, 256 Ga. App. 478, 479 (1) (568 SE2d 786) (2002).
(Citation omitted.) Id.
Concurring Opinion
concurring fully and specially.
I concur fully with the analysis and result in the majority’s opinion. However, I wish to add the following observations.
The statute as drafted focuses on the age of the driver at the time license suspension is sought, not on the age of the driver at the time the underlying offense was committed. “[T]he driver’s license of any person under 21 years of age convicted of... any offense for which four or more points are assessable . . . shall be suspended by the department.”
Cal. Veh. Code § 13202.5 (a). See Mo. Ann. Stat. § 302.505 (1) (“[t]he department shall suspend or revoke the license of any person . . . where such person was less than twenty-one years of age when stopped and was stopped upon probable cause to believe such person was driving while intoxicated”).
OCGA § 40-5-57.1 (a).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.