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Roberts v. Burgess4/26/2005
gia drivers whose Georgia licenses are revoked for four or more DUI convictions.
"An equal protection challenge is assessed under the `rational relationship' test when neither a suspect class nor a fundamental right is affected by the challenged statute. [Cit.]" Love, supra, 271 Ga. at 400 (2). Appellant concedes that Georgia driver's license applicants with revoked out-of-state licenses are not members of a suspect class and because the right to drive is not a fundamental right, Quiller v. Bowman, 262 Ga. 769 (1) (425 SE2d 641) (1993), the rational basis test applies. Under that test, the legislative classification created by OCGA § 40-5-22 (c) (2) can withstand constitutional assault "`"when the classification is based on rational distinctions and . . . bears a direct and real relation to the (legitimate) object or purpose of the legislation."'" (Footnote omitted.) City of Atlanta v. Watson, 267 Ga. 185, 187 (1) (475 SE2d 896) (1996).
We hold that the General Assembly had a rational basis to create in OCGA § 40-5-22 (c) (2) a class of driver's license applicants composed of persons whose out-of-state licenses were suspended or revoked and that the classification created by the legislature bears an obvious and direct relation to two legitimate purposes.
First there is a strong governmental interest in protecting the public from drivers whose licenses have been [revoked] for DUI offenses. Second, there is a strong governmental interest in preventing "license shopping" by nonresidents with [revoked] out-of-state licenses trying to obtain [Georgia] licenses before their [revocation] period has ended. . . . he statutory scheme employed by [Georgia] has been adopted in more than 40 states in an effort to give effect to the sanctions imposed by each state as it sees fit. Kentucky Transportation Cabinet v. Hobson, 870 SW2d 228, 230 (Ky. App. 1993) (addressing equal protection challenge to comparable licensing statute).
We likewise find no merit in appellant's constitutional challenge to subsection (c) (7) of OCGA § 40-5-22. We again agree with the Kentucky Court of Appeals:
[Appellant] chose to go to Florida and obtain an operator's license. When he applied for a Florida license, he voluntarily subjected himself to that state's laws and regulations relating to the issuance of licenses. Florida validly suspended [appellant's] license according to its statutes and regulations . . . . Neither [Georgia] nor Florida is precluded from taking into account offenses that occurred in another state in deciding whether to [issue or revoke an already issued] operator's license.
Kentucky Transportation Cabinet v. Feige, 889 SW2d 52, 55 (Ky. App. 1994).
The trial court did not err by denying appellant's equal protection challenge to OCGA § 40-5-22 (c) (2) and (7).
2. Although appellant raised a constitutional challenge to OCGA § 40-5-5, the superior court did not rule upon it. Accordingly, appellant's arguments regarding that challenge are waived. Haynes v. Wells, 273 Ga. 106, 108 (3) (538 SE2d 430) (2000).
Judgment affirmed. All the Justices concur.
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