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2018 Georgia Code 40-13-62 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-13-62 Case Law from Google Scholar Amendments to OCGA 40-13-62

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 13. Prosecution of Traffic Offenses, 40-13-1 through 40-13-64.

ARTICLE 3 TRAFFIC VIOLATIONS BUREAUS

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.

(Ga. L. 1966, p. 381, § 12; Ga. L. 1992, p. 2785, § 29.)

JUDICIAL DECISIONS

Section determines when accusation is "found."

- It is not until the traffic violations bureau loses jurisdiction to the state court under O.C.G.A. § 40-13-62 that a uniform traffic citation becomes an accusation and is "found" for purposes of O.C.G.A. § 17-7-170. Keller v. State, 183 Ga. App. 717, 359 S.E.2d 714 (1987).

Cited in Smith v. State, 270 Ga. App. 759, 608 S.E.2d 35 (2004).

Cases Citing O.C.G.A. § 40-13-62

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Geng v. State, 578 S.E.2d 115 (Ga. 2003).

Cited 7 times | Published | Supreme Court of Georgia | Mar 10, 2003 | 276 Ga. 428, 2003 Fulton County D. Rep. 1324

...d, the traffic violations bureau loses jurisdiction and the case is forwarded to the prosecuting attorney of the court who shall have an accusation issued against that person, and the case will thereafter be "handled as all other misdemeanors." OCGA § 40-13-62....
...*117 According to the sentencing order, Geng faced the risk of six months incarceration should he fail to pay the ordered fine. The statute also requires referral to the prosecuting attorney for issuance of an accusation and prosecution as a misdemeanor offense should one fail to appear to answer the charges. [3] OCGA § 40-13-62....
...486, 277 S.E.2d 738 (1981). As the majority notes, it is after the traffic violations bureau loses jurisdiction that the case is forwarded to the prosecuting attorney, an accusation is filed, and the case is thereafter treated as a misdemeanor. OCGA § 40-13-62....