Hardison v. Orndorff

In Hardison v. Orndorff, 173 Ga. App. 630, 630-631 (327 SE2d 497) (1985), the conviction of Orndorff that resulted in the revocation of his driver's license occurred in August 1980. The convicting court, however, neglected to transmit notice of that conviction to the DDS until approximately three years later. The DDS then revoked Orndorff's license, and he appealed that revocation to the superior court. The trial court declared the revocation invalid, finding that the language of OCGA 40-5-53 (b), requiring a trial court to transmit notice of relevant convictions to the DDS within ten days of the same, was mandatory. It therefore concluded that the failure to meet this requirement deprived the DDS of jurisdiction to revoke Orndorff's license. Id. at 632.