reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 1 - UNIFORM TRAFFIC CITATION AND COMPLAINT FORM (§§ 40-13-1 — 40-13-4) › Section 40-13-3 - Traffic offenses triable on complaint without indictment except in superior courts; report of disposition

Except for offenses tried in the superior courts, all other courts having jurisdiction of the offense may proceed with the adjudication of the offenses contained within the complaint without the necessity of filing an indictment or other accusation in order to bring the accused to trial. The judge or clerk of each court before whom a person accused of such an offense is brought shall promptly report the final disposition of the case to the Department of Driver Services. Notwithstanding the reporting requirements of this Code section, the Department of Driver Services may by rule or regulation relieve the judge or clerk of each such court of the responsibility of reporting those offenses which do not result in convictions or adjudications of guilt or pleas of nolo contendere.
Amended by 2005 Ga. Laws 68,§ 22-2, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 1 - UNIFORM TRAFFIC CITATION AND COMPLAINT FORM (§§ 40-13-1 — 40-13-4) › Section 40-13-4 - Fees of officers

Nothing contained in this article shall be construed to prohibit or to deny to any officer or official of any court any fees prescribed for his duties and services in connection with the offenses provided for in this article.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 2 - ARRESTS, TRIALS, AND APPEALS (§§ 40-13-20 — 40-13-33) › Section 40-13-20 - "Municipal courts" defined

As used in this article, the term "municipal courts" shall be construed to include municipal courts of the incorporated municipalities of this state.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 2 - ARRESTS, TRIALS, AND APPEALS (§§ 40-13-20 — 40-13-33) › Section 40-13-21 - General powers and jurisdiction of probate and municipal courts; assistance of the district attorney or solicitor

(a)
The probate courts and municipal courts of the incorporated towns and cities of this state, acting by and through the judges or presiding officers thereof, shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence, in the manner required by law, upon defendants violating any and all criminal laws of this state relating to traffic upon the public roads, streets, and highways of this state where the penalty for the offense does not exceed that of the grade of misdemeanor.
(b)
The probate court shall have jurisdiction to issue warrants, try cases, and impose sentence thereon in all misdemeanor cases arising under the traffic laws of this state in all counties of this state in which there is no city, county, or state court, provided the defendant waives a jury trial. Notwithstanding any provision of law to the contrary, all municipal courts are granted jurisdiction to try and dispose of misdemeanor traffic offenses arising under state law except violations of Code Section
40-6-393
and to impose any punishment authorized for such offenses under general state law, whether or not there is a city, county, or state court in such county, if the defendant waives a jury trial and the offense arises within the territorial limits of the respective jurisdictions as now or hereafter fixed by law.
(c)
In any traffic misdemeanor trial, a judge of the probate court, upon his or her own motion, may request the assistance of the district attorney of the circuit in which the court is located or solicitor-general of the state court of the county to conduct the trial on behalf of the state. If, for any reason, the district attorney or solicitor-general is unable to assist, the district attorney or solicitor-general may designate a member of his or her staff to conduct the trial on behalf of the state.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 2 - ARRESTS, TRIALS, AND APPEALS (§§ 40-13-20 — 40-13-33) › Section 40-13-22 - Jurisdiction over offenses under Code Section 40-2-8

(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 courts are granted the jurisdiction to try and dispose of such cases. The jurisdiction of such courts shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. Any fines and bond forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. Any person, firm, or corporation charged with any offense under this Code section shall be entitled to request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred.
(b)
Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 2 - ARRESTS, TRIALS, AND APPEALS (§§ 40-13-20 — 40-13-33) › Section 40-13-23 - Waiver of jury trial; withdrawal of waiver

(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 cause exists, he shall be immediately bound over to the court in the county having jurisdiction to try the offense, wherein a jury may be impaneled. Where a cash bond, property bond, or driver's license in lieu of bond has been posted, the bond shall be transferred to the court assuming jurisdiction, and the defendant shall not be required to post a new bond by the court assuming jurisdiction.
(b)
No waiver of a trial by jury may be withdrawn when such waiver has been interposed for the purpose of delay. Except with approval of the court, no waiver of a trial by jury may be withdrawn after the commencement of the trial or the filing of motions on behalf of the defendant, whichever comes first.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 2 - ARRESTS, TRIALS, AND APPEALS (§§ 40-13-20 — 40-13-33) › Section 40-13-24 - Indictment or accusation not required; docket

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 nature of the offense in brief, the date when brought before the court, and the final disposition of the case with the date thereof. Such docket shall be the same in each probate court handling traffic misdemeanor cases and shall be on a form to be prescribed by the Department of Law. Such docket shall be paid for from the treasury of the county in which such court is located. Municipal courts may use the dockets ordinarily in use by them in the trial of other cases or, in the discretion of the court, may adopt the docket provided in this Code section for probate courts.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 2 - ARRESTS, TRIALS, AND APPEALS (§§ 40-13-20 — 40-13-33) › Section 40-13-25 - Costs

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.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 2 - ARRESTS, TRIALS, AND APPEALS (§§ 40-13-20 — 40-13-33) › Section 40-13-27 - Records to be kept

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.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 2 - ARRESTS, TRIALS, AND APPEALS (§§ 40-13-20 — 40-13-33) › Section 40-13-28 - Appeal to superior court; bond

Any defendant convicted under this article shall have the right of appeal to the superior court. The provisions of subsections (b), (c), and (d) of Code Section
5-3-5
and subsection (e) of Code Section
5-3-9
shall not apply to appeals under this Code section. Otherwise, the appeal shall be entered as appeals are entered from the probate court to the superior court, provided that the defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds in criminal cases. The appeal to the superior court shall not be a de novo investigation before a jury but shall be on the record of the hearing as certified by the judge of that court who presided at the hearing below.
Amended by 2024 Ga. Laws 424,§ 9, eff. 4/22/2024.
Amended by 2022 Ga. Laws 875,§ 2-31, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 2 - ARRESTS, TRIALS, AND APPEALS (§§ 40-13-20 — 40-13-33) › Section 40-13-29 - Jurisdiction exclusive

In all counties except those having city, county, or state courts, the judge of the probate court shall have exclusive jurisdiction of all traffic misdemeanor cases originating in the county outside of municipal corporations, and the judge of the municipal court in each municipal corporation shall have exclusive jurisdiction of traffic misdemeanor cases originating inside the corporate limits of municipalities.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 2 - ARRESTS, TRIALS, AND APPEALS (§§ 40-13-20 — 40-13-33) › Section 40-13-30 - Authority to make arrests

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, provided that officers of an incorporated municipality shall have no power to make arrests beyond the corporate limits of such municipality unless such jurisdiction is given by local or other law.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 2 - ARRESTS, TRIALS, AND APPEALS (§§ 40-13-20 — 40-13-33) › Section 40-13-31 - Arresting fees

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 officer of the Georgia State Patrol and delivered to the sheriff or his lawful deputy. If the sheriff is upon a salary, the fee shall be paid into the county treasury.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 2 - ARRESTS, TRIALS, AND APPEALS (§§ 40-13-20 — 40-13-33) › Section 40-13-32 - Restrictions on ability of courts to change or modify traffic law sentences or judgments

(a)
No court having jurisdiction over cases arising out of the traffic laws of this state or the traffic laws of any county or municipal government shall change or modify a traffic law sentence or judgment rendered pursuant to a conviction, plea of guilty, or plea of nolo contendere after 90 days from the date of judgment, except for the purpose of correcting clerical errors therein, unless there is strict compliance with all of the following requirements:
(1)
A motion to change or modify the sentence or judgment is made by the defendant to the court rendering the judgment;
(2)
Notice, including a copy of the motion and rule nisi, is given to the prosecuting official who brought the original charge at least ten days prior to the motion hearing; and
(3)
A hearing is held with opportunity for the state to be heard.
(b)
If the original judgment is changed or modified pursuant to this Code section, the judge shall certify to the Department of Driver Services that such change or modification is a true and correct copy of the change or modification and that the requirements set forth in paragraphs (1) through (3) of subsection (a) of this Code section have been met.
(c)
Except for orders correcting clerical errors, the Department of Driver Services shall not recognize as valid any change or modification order nor make any changes to a driver's history unless such change or modification as submitted to the department is in strict compliance with the requirements set forth in subsections (a) and (b) of this Code section.
(d)
In the case of municipal courts, notice to the city attorney, or to the solicitor in those cases where the municipal court has a solicitor, shall be deemed to be notice as provided for in this Code section.
(e)
In all cases wherein notice is required in this Code section, same shall be deemed sufficient if sent by certified mail or statutory overnight delivery, return receipt requested, with adequate postage thereon, to the correct address of the prosecuting official.
(f)
Notwithstanding other laws and specifically notwithstanding Code Section
17-7-93
, a motion to change or modify a traffic law sentence or judgment may, at any time prior to the expiration of the term of court following the term at which judgment and sentence were pronounced or within 90 days of the time judgment and sentence were pronounced, whichever time period is greater, be made by the defendant and accepted by the court as provided in this Code section.
Amended by 2005 Ga. Laws 68,§ 22-3, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 2 - ARRESTS, TRIALS, AND APPEALS (§§ 40-13-20 — 40-13-33) › Section 40-13-33 - Limitation on habeas corpus challenge of misdemeanor traffic conviction

(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 challenge to a conviction specified in subsection (a) of this Code section which became final before March 28, 1986, must be filed within 180 days following March 28, 1986.
(c)
When the commissioner of driver services is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County.
(d)
Failure to file the challenge within the time prescribed in this Code section shall divest the court of jurisdiction.
Amended by 2005 Ga. Laws 68,§ 22-4, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-50 - Establishment

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 disposition of certain traffic cases in substantial compliance with this article. The court shall promulgate and provide to the clerk of the traffic violations bureau a list of the traffic offenses which shall be handled and disposed of by the traffic violations bureau. However, nothing in this article shall authorize the judge of such court to employ any person or persons to administer this article.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-51 - Appointment of clerk or deputy clerk; bond

(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 and attached to the office of the clerk of the court.
(b)
Such person or persons, except where such person is the clerk of the court and is already under bond, shall be bonded in the sum of $2,500.00.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-52 - Traffic offense cards; contents

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 the birth of such person; the sex of such person; and his driver's license number. The card shall be numbered so that it may show any previous traffic offense, giving the date of the offense, the trial date, the citation number, the disposition of the case, and the amount of any fine paid.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-53 - Release of arrested person upon service of citation and complaint

(a)
Subject to the exceptions set out in subsection (b) of this Code section, any officer who arrests any person for the violation of a traffic law or traffic ordinance alleged to have been committed outside the corporate limits of any municipality shall permit such person to be released upon being served with a citation and complaint and agreeing to appear, as provided in this article. If such officer has reasonable and probable grounds to believe that the person will not obey such citation and agreement to appear, the officer may require such person to surrender his driver's license in accordance with Code Section
17-6-11
.
(b)
The following offenses shall not be handled or disposed of by a traffic violations bureau:
(1)
Any offense for which a driver's license may be suspended by the commissioner of driver services;
(2)
Any motor vehicle registration violation;
(3)
A violation of Code Section
40-5-20
;
(4)
Speeding in excess of 30 miles per hour over the posted speed limit; or
(5)
Any offense which would otherwise be a traffic violations bureau offense but which arose out of the same conduct or occurred in conjunction with an offense which is excluded from the jurisdiction of the traffic violations bureau. Any such offense shall be subject to the maximum punishment set by law.
Amended by 2005 Ga. Laws 68,§ 22-5, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-54 - Disposition of original and copies of citation and complaint

The original citation and complaint shall be sent by the officer issuing it to the traffic violations bureau of the court within 24 hours of the arrest. The defendant named in the citation shall be given the second copy. The officer issuing the citation and complaint shall retain one copy for himself or herself, and the court may, by order, provide that an additional copy shall be made for the use of any municipality in the county or the Department of Driver Services.
Amended by 2005 Ga. Laws 68,§ 22-6, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-55 - Cash bonds permitted

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 by the arresting officer for a traffic violation.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-56 - Officer not to accept cash bond

No officer giving a citation and complaint to a defendant for a traffic violation shall accept a cash bond himself.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-57 - Taking of cash bond where officer doubts that arrested person will appear

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 violations bureau and such person may be allowed to post a cash bond for his appearance in accordance with the schedule established by the court.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-58 - Failure to appear after giving cash bond as admission of guilt; forfeiture of bond; order to stand trial not precluded

Where a defendant cited for a traffic violation posts a cash bond according to the schedule set up by court order and fails to appear in court at the term of court and on the day set in the original citation and complaint, then and in that event, such failure shall be construed as an admission of guilt and the cash bond may be forfeited without the necessity for the statutory procedure provided for the forfeiture of statutory bail bonds. A judgment of guilty may be entered accordingly, ordering the case disposed of and settled. The proceeds of the cash bond shall be applied and distributed as any fine imposed by said court would be. Nothing in this Code section shall be construed as preventing the judge from ordering the defendant to appear and stand trial.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-59 - Records to be kept by traffic violations bureau; filing of citation and complaint; time for posting cash bond; when bond forfeited

(a)
The traffic violations bureau of the court shall record on the prescribed form, as set out in Code Section
40-13-52
, the driving record of the defendant. If there is no previous record of the driver's history, the citation appearing on the original citation and complaint shall be entered on the driver's traffic offense card; and each traffic offense thereafter shall be entered thereon, with the disposition thereof, up to a period of four years.
(b)
All the pending cases which appear on the citation and complaint issued by the arresting officer, as provided for in this article, shall be filed at the cashier's desk in the traffic violations bureau of the court and shall be retained there up until 72 hours, or such other period of time as the judge shall fix by order, prior to the time the case is set for trial in the court. If cash bond is posted according to the schedules prescribed by order of the judge at any time up to 72 hours, or such other period of time as the judge shall fix by order, prior to the date of the court appearance, as specified in the citation and complaint, the same shall be entered on the driver's traffic offense card and an entry shall be made thereon that the driver has posted a cash bond.
(c)
Within 72 hours after the date set for a hearing in the court on the citation and complaint given, where the defendant has posted a cash bond and has failed to appear for the hearing, the court shall enter an order that the cash bond has been forfeited in accordance with this article. Such order shall be recorded on the back of the citation and complaint which is maintained in the traffic violations bureau of the court and shall also be recorded on the defendant's traffic offense card.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-60 - Disposition of traffic violations; jurisdiction of bureau

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 violations bureau, if such offense is classified as a traffic violation on the traffic violations bureau schedule of the receiving court, such violation shall be handled and disposed of by such traffic violations bureau. Where a defendant demands a trial on a traffic violation, it shall be tried before a judge of the court which established the traffic violations bureau. The request for a trial shall not result in a loss of jurisdiction by the traffic violations bureau.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-61 - Maintenance of records; accusations

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 accusation for any offense coming under the jurisdiction of the traffic violations bureau of the court shall be taken by the prosecuting attorney of the court or maintained in his office unless said person to whom the said summons was issued fails to post a cash bond as defined in this article or fails to appear on the date specified in the summons to answer said complaint.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-62 - Failure to appear; bench warrant

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 violations bureau thereupon loses jurisdiction and the citation shall be forwarded to the prosecuting attorney of the court who shall have an accusation issued against such person. Upon motion of the prosecuting attorney, a bench warrant shall issue based on the accusation for the arrest of the defendant. The defendant's case shall be docketed by the clerk of the court and handled as all other misdemeanors.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-63 - Penalty for failure to appear

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 period not to exceed three days.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 13 - PROSECUTION OF TRAFFIC OFFENSES (§§ 40-13-1 — 40-13-64) › Article 3 - TRAFFIC VIOLATIONS BUREAUS (§§ 40-13-50 — 40-13-64) › Section 40-13-64 - Suspended sentence division; collection of fines

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 for collecting fines imposed upon persons convicted in the court, where the sentence is suspended upon the payment of a fine. The person or persons in the division shall be authorized, where the judge imposing the sentence stipulates the same therein, to permit such persons receiving suspended sentences, in addition to the other conditions imposed in the suspended sentence, to pay the suspended sentence fine in installments. The person or persons responsible for the administration of the suspended sentence division shall be responsible for collecting the suspended sentence fine by installments and shall also be responsible for the arrest of persons who fail in this respect to comply with the conditions of the suspended sentence.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 1 - DEFINITIONS (§ 40-14-1) › Section 40-14-1 - Definitions

As used in this chapter, the term:
(1)
"Campus" means the grounds owned or occupied by a college or university.
(2)
"Campus law enforcement agency" means the campus agency charged with the enforcement of the laws of this state.
(3)
"College or university" means an accredited public or private educational institution of higher learning.
(4)
"Speed detection device" means, unless otherwise indicated, that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name "Vascar" or any similar device operating under the same or similar principle and any devices for the measurement of speed or velocity based upon the Doppler principle of radar or the speed timing principle of laser. All such devices must meet or exceed the minimum performance specifications established by the Department of Public Safety.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, § 40-14-1 as Title 40, Chapter 14, Article 1, § 40-14-1.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-1.1 - Definitions

As used in this article, the term:
(1)
"Agent" means a person or entity who is authorized by a law enforcement agency or governing body to administer the procedures contained herein and:
(A)
Provides services to such law enforcement agency or governing body;
(B)
Operates, maintains, leases, or licenses an automated traffic enforcement safety device; or
(C)
Is authorized by such law enforcement agency or governing body to review and assemble the recorded images captured by the automated traffic enforcement safety device for review by a peace officer.
(2)
"Automated traffic enforcement safety device" means a speed detection device that:
(A)
Is capable of producing photographically recorded still or video images, or both, of the rear of a motor vehicle or of the rear of a motor vehicle being towed by another vehicle, including an image of such vehicle's rear license plate;
(B)
Is capable of monitoring the speed of a vehicle as photographically recorded pursuant to subparagraph (A) of this paragraph; and
(C)
Indicates on each photographically recorded still or video image produced the date, time, location, and speed of a photographically recorded vehicle traveling at a speed above the posted speed limit within a marked school zone.
(3)
"Owner" means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company.
(4)
"Recorded images" means still or video images recorded by an automated traffic enforcement safety device.
(5)
"School zone" means the area within 1,000 feet of the boundary of any public or private elementary or secondary school.
Added by 2018 Ga. Laws 545,§ 2, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-1.2 - Agent not private investigator or subject to certain laws

Nothing in this article shall be construed to mean that an agent is providing or participating in private investigative services or acting in such manner as would render such agent subject to the provisions of Article 4 of Chapter 18 of Title 50.
Added by 2018 Ga. Laws 545,§ 2, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-2 - Permit required for use; use not authorized where officers paid on fee system; operation by registered or certified peace officers

(a)
The law enforcement officers of the various counties, municipalities, colleges, and universities may use speed detection devices only if the sheriffs of such counties, or the governing authorities of such counties, or the governing authorities of such municipalities, or the president of such college or university shall approve of and desire the use of such devices and shall apply to the Department of Public Safety for a permit to use such devices in accordance with this chapter.
(b)
No county sheriff, county or municipal governing authority, college, or university shall be authorized to use speed detection devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee.
(c)
A permit shall not be issued by the Department of Public Safety to an applicant under this Code section unless the applicant provides law enforcement services by certified peace officers 24 hours a day, seven days a week on call or on duty or allows only peace officers employed full time by the applicant to operate speed detection devices. Speed detection devices can only be operated by registered or certified peace officers of the county sheriff, county, municipality, college, or university to which the permit is applicable; provided, however, that an automated traffic enforcement safety device may be operated by an agent or registered or certified peace officers of the county sheriff, county, or municipality to which the permit is applicable. Persons operating the speed detection devices must be registered or certified by the Georgia Peace Officer Standards and Training Council as peace officers and certified by the Georgia Peace Officer Standards and Training Council as operators of speed detection devices; provided, however, that agents may operate automated traffic enforcement safety devices without such registrations or certifications.
Amended by 2018 Ga. Laws 545,§ 3, eff. 7/1/2018.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-3 - Application for permit; use of device while application pending

(a)
A county sheriff, county or municipal governing authority, or the president of a college or university may apply to the Department of Public Safety for a permit to authorize the use of speed detection devices for purposes of traffic control within such counties, municipalities, colleges, or universities on streets, roads, and highways, provided that such application shall name the street or road on which the device is to be used and the speed limits on such street or road shall have been approved by the Office of Traffic Operations of the Department of Transportation. Law enforcement agencies are authorized to use speed detection devices on streets and roads for which an application is pending as long as all other requirements for the use of speed detection devices are met. Nothing in this subsection shall be construed to affect the provisions of Code Section
40-14-9
.
(b)
The Department of Public Safety is authorized to prescribe by appropriate rules and regulations the manner and procedure in which applications shall be made for such permits and to prescribe the required information to be submitted by the applicants. The Department of Public Safety may deny the application or suspend the speed detection device permit for failure to provide information or documentation at the department's request.
Amended by 2004 Ga. Laws 564, § 40, eff. 5/13/2004.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-4 - Compliance with rules of Federal Communications Commission; certification of devices

No state, county, municipal, or campus law enforcement agency may use speed detection devices unless the agency possesses a license in compliance with Federal Communications Commission rules, and unless each device, before being placed in service and annually after being placed in service, is certified for compliance by a technician possessing a certification as required by the Department of Public Safety.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-6 - Warning signs required; signage requirements

(a)
Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 24 by 30 inches in area and shall warn approaching motorists that speed detection devices are being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection.
(b)
In addition to the signs required under subsection (a) of this Code section, each county, municipality, college, and university using speed detection devices shall erect speed limit warning signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 24 by 30 inches in area, shall warn approaching motorists of changes in the speed limit, shall be visible plainly from every lane of traffic, shall be viewable in any traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection.
(c)
In addition to the signs required under subsections (a) and (b) of this Code section, each law enforcement agency using an automated traffic enforcement safety device as provided for in Code Section
40-14-18
shall erect signs warning of the use of a stationary speed detection device within the approaching school zone. Such signs shall be at least 24 by 30 inches in area, shall be visible plainly from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. Such signs shall be placed within 500 feet prior to the warning sign announcing the reduction of the speed limit for the school speed zone. There shall be a rebuttable presumption that such signs are properly installed pursuant to this subsection at the time of any alleged violation under this article.
Amended by 2018 Ga. Laws 545,§ 5, eff. 7/1/2018.
Amended by 2003 Ga. Laws 191, § 5, eff. 7/1/2003.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-7 - Visibility of vehicle from which device is operated

Except as provided for in Code Section
40-14-18
, no stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet.
Amended by 2018 Ga. Laws 545,§ 6, eff. 7/1/2018.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-8 - When case may be made and conviction had

(a)
No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.
(b)
The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation or programs for care and supervision of students before school, after school, or during vacation periods as provided for under Code Section
20-2-65
, in properly marked historic districts, and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered residential districts. For purposes of this Code section, the term "historic district" means a historic district as defined in paragraph (5) of Code Section
44-10-22
and which is listed on the Georgia Register of Historic Places or as defined by ordinance adopted pursuant to a local constitutional amendment.
Amended by 2018 Ga. Laws 545,§ 7, eff. 7/1/2018.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .
2023 CODE OF GEORGIA › Title 40 - MOTOR VEHICLES AND TRAFFIC (§§ 40-1-1 — 40-16-8) › Chapter 14 - USE OF RADAR SPEED DETECTION DEVICES AND TRAFFIC-CONTROL SIGNAL DEVICES (§§ 40-14-1 — 40-14-26) › Article 2 - SPEED DETECTION DEVICES (§§ 40-14-1.1 — 40-14-18) › Section 40-14-9 - Certain evidence inadmissible; use of device on hill

Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance, or state law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place, except that this 30 day limitation shall not apply to a speeding violation within a highway work zone, as defined in Code Section
40-6-188
, or in an area with variable speed limits, as defined in Code Section
40-6-182
. No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent.
Amended by 2010 Ga. Laws 460,§ 6, eff. 7/1/2010.
Amended by 2003 Ga. Laws 191, § 6, eff. 7/1/2003.
2001 Ga. Laws 223, § 4, redesignated Title 40, Chapter 14, §§ 40-14-2 through 40-14-17 as Title 40, Chapter 14, Article 2, §§ 40-14-2 through 40-14-17. .