Title 40 — Title 40
0 chapters · 572 sections in this title.
O.C.G.A. § 40-5-55 Ellis v
106.8K chars
State, 275 Ga. App. 881, 622 S.E.2d 89 (2005). In a DUI per se case, the trial court did not err in denying the defendant’s motion to suppress the results of a chemical testing of the defendant’s blood because the defendant freely and voluntarily consented to the test as the defe…
O.C.G.A. § 40-5-57.2 Suspension of license for reckless stunt driving
4.5K chars
(a) The driver’s license of any person convicted of reckless stunt driving in violation of Code Section 40-6-390.1 shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions: (1) Upon the first conviction of any such offense,…
O.C.G.A. § 40-5-58 Haley v
27.8K chars
Hardison, 247 Ga. 750, 279 S.E.2d 712, 1981 Ga. LEXIS 866 (1981). 604 40-5-58 DRIVERS’ LICENSES Neither state nor federal procedural due process bars the General Assembly from defining “conviction” in O.C.G.A. § 40-5-1 to include forfeiture of bail or collateral. Haley v. Hardison…
O.C.G.A. § 40-5-60 When revocation or suspension effective; notice
1.0K chars
(a) All revocations and suspensions provided for in this chapter shall be effective on the day the driver receives actual knowledge or legal notice thereof, whichever occurs first. Notice of suspension by operation of law shall be considered legal notice. Any license suspension or…
O.C.G.A. § 40-5-64 Limited driving permits for certain offenders
11.5K chars
(a) To whom issued. (1) Notwithstanding any contrary provision of this Code section or Code Section 40-5-57, 40-5-57.2, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 wit…
O.C.G.A. § 40-5-64.1 Ignition interlock device limited driving permits
10.6K chars
(a) To whom issued. (1) Any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accept…
O.C.G.A. § 40-5-66 Appeals from decisions of department
1.4K chars
(a) Except as provided in subsection (h) of Code Section 40-5-67.1, subsection (h) of Code Section 40-5-64, and subsection (g) of Code Section 40-5-64.1, any decision rendered by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such p…
O.C.G.A. § 40-5-67.1 Ivie v
55.2K chars
State, 151 Ga. App. 496, 260 S.E.2d 543, 1979 Ga. App. LEXIS 2583 (1979); Pryor v. State, 182 Ga. App. 79, 354 S.E.2d 690, 1987 Ga. App. LEXIS 2592 (1987). Implied consent warnings that tracked the language of O.C.G.A. § 40-5-67.1 were not deceptive or misleading on the basis tha…
O.C.G.A. § 40-5-70 Since Ga
1.2K chars
L. 1990, p. 2048, § 4, incorporated the provisions of former Code Section 40-5-70 into this Code section, those amendments have been given effect in this Code section. Ga. L. 1997, p. 760, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cit…
O.C.G.A. § 40-5-73 Limited applicability
0.3K chars
The provisions of Code Sections 40-5-70, 40-6-10, and 40-6-11 shall 684 40-5-73 DRIVERS’ LICENSES 40-5-75 not be applicable to persons operating vehicles which are not required to be registered or licensed in this state. History. Code 1981, § 40-5-73, enacted by Ga. L. 1990, p. 2…
O.C.G.A. § 40-5-74 Defacement or alteration of seized license prohibited
0.8K chars
Whenever a person is charged with a violation of the law relating to the operation of motor vehicles resulting in the person’s driver’s license being seized by a law enforcement officer and forwarded to the court having jurisdiction of the offense or whenever a person is convicte…
O.C.G.A. § 40-5-75 Suspension of licenses by operation of law; reinstatement
8.1K chars
(a) The driver’s license of any person convicted of driving or being in actual physical control of any moving vehicle while under the influence of a controlled substance or marijuana in violation of paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391, or the equi…
O.C.G.A. § 40-5-76 History
1.4K chars
Ga. L. 1937, p. 322, art. 4, § 2; Ga. L. 1966, p. 12, § 1; Code 1933, § 68B-203, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1983, p. 745, § 2; Ga. L. 1984, p. 22, § 40; Ga. L. 1986, p. 839, § 1; Ga. L. 1989, p. 519, § 6; Ga. L. 1990, p. 2048, § 4; Ga. L. 1991, p. 321, § 1; Ga. …
O.C.G.A. § 40-5-80 Purpose of article
7.4K chars
The purpose of this article, the “Georgia Driver Improvement Act,” is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and…
O.C.G.A. § 40-5-82 Administration of program
16.3K chars
(a) The Driver Improvement Program created by this article shall be administered by the commissioner. The commissioner is authorized to promulgate and adopt rules and regulations necessary to carry out this article. (b) For the purpose of generating greater interest in highway sa…
O.C.G.A. § 40-5-84 Reinstatement of licenses suspended for certain offenses or for points
2.7K chars
(a) Except as otherwise provided, the license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by t…
O.C.G.A. § 40-5-86 Reduction of point count upon completion of course
0.7K chars
Upon the accumulation of points pursuant to Code Section 40-5-57, the total number of points accumulated by any driver shall be reduced by seven points, but to not less than zero points, upon the satisfactory completion by such driver of a defensive driving course approved by the…
O.C.G.A. § 40-5-87 Conditions of article exclusive
0.4K chars
The requirements and conditions of this article and the rules and 703 40-5-87 MOTOR VEHICLES & TRAFFIC 40-5-88 regulations adopted pursuant to this article shall be the exclusive requirements for restoration of a license under this article or the issuance of a limited driving per…
O.C.G.A. § 40-5-88 Administrative penalties
11.5K chars
(a) As an alternative to criminal or other civil enforcement, the commissioner of driver services in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation…