Lawyer asks Georgia high court to declare law requiring driver's license unconstitutional

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ATLANTA — Part of a state law that requires a Georgia-issued driver’s license to get behind the wheel is unconstitutional because it discriminates against non-Georgia citizens, a lawyer for a Mexican national argued before the state’s Supreme Court on Monday.



The law says anyone living in the state longer than 30 days must have a state-issued license, and anyone who violates that law can be punished unless they show up in court with a valid Georgia license.

Lawyer Arturo Corso represents Fernando Castillo-Solis, a Mexican citizen who has lived in Georgia for 10 years. Corso argues in a brief that Georgia’s statute, along with a federal immigration program at the Gwinnett jail “work in concert to create a discriminatory scheme to target undocumented immigrants for arrest and deportation from the U.S.”

Corso argued the law amounts to discrimination against anyone who’s not a legal resident because he won’t be able to show up in court with a Georgia driver’s license.

Gwinnett County Assistant Solicitor General James Grant argued that overturning the statute would essentially mean there would be no penalties for driving without a license in Georgia, which could put everyone on the road in danger. Access to a driver’s license is not a fundamental right but a privilege that he said is not afforded to people who are in this country illegally.

A lower court denied Castillo-Solis’ motion to suppress evidence and void the no license statute as unconstitutional. During arguments before the state Supreme Court, Justice David Nahmias grilled Corson on his client’s standing to challenge the constitutionality of the law.

Corso argued that although the Georgia law discriminates against anyone who’s not a Georgia citizen, it was specifically designed to target illegal immigrants. It promotes racial profiling and was meant to be used in combination with a federal-local partnership program – known as 287(g) after the section of immigration law that governs it – that empowers local law enforcement agents to check immigration status and flag people in the country illegally for federal immigration authorities, he argued.

Driving without a license in Georgia can result in jail time. People who are in the country illegally and who are booked into jail in Georgia may have their immigration status checked through one of a number of federal-local cooperation programs. Someone discovered to be in the country illegally may end up getting deported.

The current statute language has been in effect for more than three years, but Castillo-Solis’ lawyer did not present any evidence of illegal stops or racial profiling, the state argued in court filings.

IN OTHER ACTION

In other action Monday, the Georgia Supreme Court:

• Heard an argument that Georgia prison officials should have held a public notice hearing before they changed the state’s execution procedure. The switch in July from a three-drug combination to a single-drug method was not preceded by a 30-day notice period as required by the Georgia Administrative Procedure Act, which means the new method is invalid, argued Lisa Heller, an attorney for Death Row inmate Warren Lee Hill. A lawyer for the state countered that the injection protocol should not be considered a rule that is subject to that law, but a procedures that can be changed by the Corrections Department commissioner without additional steps.

• Heard arguments in the case of a man whose murder charge was dismissed, in part because officials waited four years to charge him. A lower court judge in May dismissed charges against Bobby Lavon Buckner, saying the delay and vanishing evidence violated his constitutional right to a speedy trial. Buckner was charged in the 2003 rape and slaying of Ashleigh Moore, his girlfriend’s 12-year-old daughter. The girl went missing in April 2003 and her body was found a month later by a man fishing along the Savannah River.

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