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BROCK v. THE STATE.
64889.
POPE, Judge.
D. U. I. Clarke State Court. Before Judge Pittard.
Jerry Eugene Brock was arrested and charged with driving under the influence of intoxicants and disregarding a stop sign. He pled guilty to the second offense only and was sentenced to 12 months probation and fined $100.00. One of the conditions of probation was that Brock's driver's license be suspended for a period of 12 months "to be surrendered to the court's clerk . . ." The sole enumeration of error on appeal challenges the authority of the trial court to impose such a condition.
"The probation and suspension statutes in Georgia vest broad discretion in trial judges. In the absence of express authority to the contrary, we see no logical reason why any reasonable condition imposed for probation or suspension of a sentence by a trial court should not be approved. Probated and suspended sentences, upon reasonable conditions, have traditionally been used by trial judges in Georgia as effective tools of rehabilitation and serve a useful purpose in appropriate cases as an alternative to confinement." State v. Collett, 232 Ga. 668, 670 (208 SE2d 472) (1974), and cases cited; West v. State, 160 Ga. App. 855 (4) (287 SE2d 694) (1982). Although the Department of Public Safety has the authority to cancel, suspend or revoke a driver's license under certain circumstances set forth in Code Ann. Ch. 68B-3 (now OCGA 40-5-50 through 40-5-66), said statute does not purport to deprive a court of competent jurisdiction of the authority to suspend a driver's license as a condition of probation. In our view, suspension of a defendant's driver's license after his conviction of a traffic-related offense is a reasonable condition of probation.
Ken Stula, Solicitor, for appellee.
Kennedy R. Packer, for appellant.
DECIDED JANUARY 4, 1983 -- REHEARING DENIED JANUARY 18, 1983 -- CERT. APPLIED FOR.
Thursday May 21 19:20 EDT


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