Title 40 — Title 40
0 chapters · 572 sections in this title.
O.C.G.A. § 40-13-2 System of accountability; procedures for use and issuance
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40-13-2.1. Signature on citations required; effect of failure to sign; exemption for out-of-state drivers; electronic capture of signature. 40-13-3. Traffic offenses triable on complaint without indictment except in superior courts; report of disposition. 40-13-4. Fees of officer…
O.C.G.A. § 40-13-22 Jurisdiction over offenses under Code Section 40-2-8
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(a) Notwithstanding any provision of the law to the contrary, any person, firm, or corporation charged with an offense under Code Section 40-2-8 may be tried in any municipal court of any municipality if the offense occurred within the corporate limits of such municipality. Such …
O.C.G.A. § 40-13-23 Waiver of jury trial; withdrawal of waiver
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(a) No court defined in this article shall have the power to dispose of traffic misdemeanor cases as provided in this article unless the defendant shall first waive in writing a trial by jury. If the defendant wishes a trial by jury, he shall notify the court and, if reasonable c…
O.C.G.A. § 40-13-24 Indictment or accusation not required; docket
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An indictment or accusation shall not be required against a defendant under this article, but a citation and complaint specifically setting out the charge shall be issued. The court shall keep a docket on which shall be plainly kept the name and address of the defendant, the natu…
O.C.G.A. § 40-13-25 Costs
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The costs in any case disposed of under this article shall be as provided in Code Section 15-9-60. In case a defendant refuses to waive a trial by jury and is bound over to another court, the costs shall await the final disposition of the case. (Ga. L. 1937-38, Ex. Sess., p. 558,…
O.C.G.A. § 40-13-27 Records to be kept
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A written record is required to be kept of every case made or disposed of under this article. Such record shall be accessible at all times for public inspection and official audit and shall be kept and remain as a part of the permanent records of the court. (Ga. L. 1937-38, Ex. S…
O.C.G.A. § 40-13-28 Appeal to superior court; bond
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Any defendant convicted under this article shall have the right of appeal to the superior court. The provisions of Code Sections 5-3-29 and 5-3-30 shall not apply to appeals under this Code section. Otherwise, the appeal shall be entered as appeals are entered from the probate co…
O.C.G.A. § 40-13-29 Jurisdiction exclusive
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In all counties except those having city, county, or state courts, the judge of the probate court shall have exclusive jurisdiction of all traffic 642 40-13-29 misdemeanor cases originating in the county outside of municipal corporations, and the judge of the municipal court in e…
O.C.G.A. § 40-13-30 Authority to make arrests
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Officers of the Georgia State Patrol and any other officer of this state or of any county or municipality thereof having authority to arrest for a criminal offense of the grade of misdemeanor shall have authority to prefer charges and bring offenders to trial under this article, …
O.C.G.A. § 40-13-31 Arresting fees
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The sheriffs of the several counties of this state are entitled to an arresting fee, as provided by law, in every case in which the sheriff or his lawful deputy arrests, assists in arresting, or takes custody of any person charged with a crime who has been apprehended by an offic…
O.C.G.A. § 40-13-32 Munye v
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State, 342 Ga. App. 680, 803 S.E.2d 775 (2017).
O.C.G.A. § 40-13-33 Limitation on habeas corpus challenge of misdemeanor traffic conviction
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(a) Any challenge to a misdemeanor conviction of any of the traffic laws of this state or the traffic laws of any county or municipal government which may be brought pursuant to Chapter 14 of Title 9 must be filed within 180 days of the date the conviction becomes final. (b) Any …
O.C.G.A. § 40-13-4 Fees of officers
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Article 2 Arrests, Trials, and Appeals 40-13-20. ‘‘Municipal courts’’ defined. 40-13-21. General powers and jurisdiction of probate and municipal courts; assistance of the district attorney or solicitor. 40-13-22. Jurisdiction over offenses under Code Section 40-2-8.
O.C.G.A. § 40-13-50 Establishment
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In every court of this state having jurisdiction over the violation of traffic laws or traffic ordinances, the judge, or the judges where there is more than one judge, may provide by written order for the establishment of a traffic violations bureau for the handling or dispositio…
O.C.G.A. § 40-13-51 Appointment of clerk or deputy clerk; bond
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(a) The court may appoint a clerk or deputy clerk or deputy clerks, who shall be named in the order establishing the traffic violations bureau, for the purpose of receiving money as provided in this article. Any deputy clerk so appointed shall be under the direct supervision of a…
O.C.G.A. § 40-13-52 Traffic offense cards; contents
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The court may, in its order, provide that there shall be maintained in the office of the traffic violations bureau cards known as ‘‘traffic offense cards.’’ Upon each traffic offense card shall appear: the name and address of the person charged with a traffic offense; the date of…
O.C.G.A. § 40-13-54 Disposition of original and copies of citation and complaint
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40-13-55. Cash bonds permitted. 40-13-56. Officer not to accept cash bond.
O.C.G.A. § 40-13-55 Cash bonds permitted
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Any person cited for any traffic offense under the jurisdiction of the traffic violations bureau of the court shall be permitted to give a cash bond for his appearance under the terms and conditions as set forth upon the citation and complaint given to him at the time he is cited…
O.C.G.A. § 40-13-56 Officer not to accept cash bond
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40-13-57. Taking of cash bond where officer doubts that arrested person will appear. 40-13-58. Failure to appear after giving cash bond as admission of guilt; forfeiture of bond; order to stand trial not precluded. 40-13-59. Records to be kept by traffic violations bureau; filing…
O.C.G.A. § 40-13-57 Taking of cash bond where officer doubts that arrested person will appear
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In the event an officer has authority to issue citation and complaint as set forth in Code Section 40-13-53 but declines to do so because of his belief that such person will not obey the citation and agreement to appear, such officer may bring such person to the traffic violation…
O.C.G.A. § 40-13-60 Disposition of traffic violations; jurisdiction of bureau
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Any traffic violation under the jurisdiction of the traffic violations bureau shall be characterized and classified as a traffic violation and shall not be considered as a misdemeanor. Whenever any traffic violation is transferred from another court to a court which has a traffic…
O.C.G.A. § 40-13-61 Maintenance of records; accusations
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All records other than those excepted in this article shall be maintained at the traffic violations bureau of the court. No accusation of an offense for which citation and complaint may be issued shall be entered on the misdemeanor docket maintained by the clerk of the court. No …
O.C.G.A. § 40-13-62 Failure to appear; bench warrant
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When any person cited for a traffic violation pursuant to this article fails to appear in court on the date specified in the citation and in accordance with his written promise to appear, unless such person has posted a cash bond as provided in this article, the traffic violation…
O.C.G.A. § 40-13-63 Penalty for failure to appear
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The willful failure of any person to appear in accordance with the written promise contained on the citation and complaint and served upon such person shall constitute an offense which shall be punishable by fine in an amount not to exceed $200.00 or by confinement in jail for a …
O.C.G.A. § 40-13-64 Suspended sentence division; collection of fines
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The court may provide that its traffic violations bureau, in addition to the duties set out in this article, shall have charge of what shall be called and designated in the court as the ‘‘Suspended Sentence Division of the Court.’’ This division of the court shall be responsible …