The recent
court ruling that a driver's license is required to operate a golf cart
will be challenged after all.
Peachtree City
attorney Lloyd Walker is asking the Georgia Supreme Court to overturn
the ruling by the Georgia Court of Appeals, which came when Walker's client
William T. Coker appealed his conviction for a suspended license. The
appeals court ruled that Georgia law requires the license since the golf
cart is "self-propelled" and thus a motor vehicle.
The Supreme
Court, however, has to decide whether it will even consider the case.
It could decide to let the Appeals Court's ruling stand.
But if not,
"that means the Supreme Court would be concerned about the Appeals
Court's decision," Walker said.
"This
case is very important to Peachtree City," he added. "I'm going
to do my best to change this outcome."
The appeals
court ruling essentially bans anyone under 16 from driving golf carts.
Previously, city ordinance allowed kids as young as 12 under parental
supervision to drive the carts; 15-year-olds could drive them unsupervised
with a valid learner's permit.
The ruling
also affects senior citizens who depend on the golf cart as their only
means of transportation, Walker noted in court documents.
"Many
of the elderly persons affected by this ruling cannot safely operate an
automobile while they can safely operate a golf cart," Walker wrote.
"This ruling condemns many elderly persons in Peachtree City to being
a shut-in. Perhaps nothing is worse for an elderly person than to be cut
off from the society of others by the infirmities of old age. This opinion
works that evil upon the elderly, without, in any way, promoting the safety
concerns inherent in the driver's license statute."
Walker argues
that the section on motorized carts in Georgia law does not implicitly
require a driver's license of operators. Furthermore, another portion
of the law specifically allows local municipalities to regulate the conditions
of how the carts shall be operated, Walker said.
"In other
words, did the legislature really intend that a driver's license was necessary
to drive a golf cart? The answer is no," Walker wrote.
Coker was convicted
Jan. 10, 2002, of the suspended license charge and DUI. State Court Judge
Fletcher Sams sentenced him to two years in prison and a $2,000 fine.
Coker has served
the sentence and has been released from jail since he was credited for
time he served before the sentence, Walker noted.







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