Morgan v. State, 308 Ga. App. 69

Morgan was arrested for DUI and failure to yield on March 24, 2009;
May 21, 2009 he pled guilty to reckless driving and failure to yield with a 90‑day suspended sentence and 21 months’ probation, to be served via Cobb County DUI Court;
One week after sentencing, Driver Services notified Morgan he was a habitual violator based on two DUIs and a hit‑and‑run in other counties, requiring license surrender;
July 14, 2009 a warrant issued for driving after habitual violator;
State court found Morgan violated probation by driving on a suspended license and jailed him for 30 days;
Morgan was indicted in superior court for operating a vehicle on July 14, 2009 after habitual violator notice, and moved to bar the indictment as double jeopardy; the superior court denied the motion and Morgan appealed to challenge whether probation revocation barred the indictment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does probation revocation bar subsequent indictment for habitual violator under double jeopardy?	Morgan argues probation revocation constitutes guilt for habitual violator, barring indictment.	State argues probation revocation is not a criminal proceeding and does not bar indictment.	No; probation revocation is not a criminal conviction and does not bar the indictment.

Chandler v. State, 305 Ga. App. 526, 699 S.E.2d 840 (2010) (double jeopardy standard for plea in bar; cited by court)
In the Interest of B.N.D., 185 Ga.App. 906, 366 S.E.2d 187 (1988) (general double jeopardy principles cited)
Morris v. State, 166 Ga. App. 137, 303 S.E.2d 492 (1983) (probation revocation not criminal proceeding; prior authority)
Dutton v. Willis, 223 Ga. 209, 154 S.E.2d 221 (1967) (probation revocation not a criminal proceeding; separate actions)
Perry v. State, 213 Ga.App. 220, 444 S.E.2d 150 (1994) (supports view of non-criminal nature of probation revocation)
Johnson v. State, 142 Ga.App. 124, 235 S.E.2d 550 (1977) (probation properly revoked on same evidence as jury acquittal)