Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 15-10-60 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-10-60 Case Law from Google Scholar Amendments to OCGA 15-10-60

TITLE 15 COURTS

Section 10. Magistrate Courts, 15-10-1 through 15-10-263.

ARTICLE 4 VIOLATION OF ORDINANCES OF COUNTIES AND STATE AUTHORITIES

15-10-60. Applicability of article; suspended sentences.

  1. This article governs trials of violations of county ordinances and ordinances of state authorities, which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce such ordinances than the county or state authority has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $1,000.00 or six months' imprisonment or both, provided the judge shall probate not less than 120 days of any sentence imposed, except as otherwise provided by general law, and shall not exceed the maximum punishment specified by the ordinance. In the event a sentence is revoked, a defendant shall not serve more than 60 days in a county jail.
  2. The trial court may suspend the service of the sentence imposed in the case upon such terms and conditions as it may prescribe for the payment of the fine, for performance of community service in lieu of a fine or incarceration, for the payment of restitution to a victim, or other condition relating to the underlying offense. Service of the sentence, when so suspended, shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation of probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of a sentence was suspended. Service of all or any part of any sentence suspended upon such conditions may be ordered to commence by the trial court any time before the expiration of one year from the date of the sentence after a hearing and a finding by the court that the defendant has failed or refused to comply with the terms and conditions upon which service of the sentence was suspended.

(Code 1981, §15-10-60, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 22, § 15; Ga. L. 1987, p. 448, § 2; Ga. L. 1993, p. 910, § 1; Ga. L. 2000, p. 1155, § 2; Ga. L. 2003, p. 408, § 1.)

JUDICIAL DECISIONS

Sentence not excessive.

- Trial court's sentence imposed on the defendant after the jury found the defendant guilty of five ordinance violations, and which consisted of the same fine and same prison sentence for each count, was not excessive as the sentence was within the bounds authorized under the law. Carter v. State, 259 Ga. App. 798, 578 S.E.2d 508 (2003).

Cases Citing O.C.G.A. § 15-10-60

Total Results: 1  |  Sort by: Relevance  |  Newest First

Copy

Smith v. Greene, 559 S.E.2d 726 (Ga. 2002).

Cited 4 times | Published | Supreme Court of Georgia | Feb 4, 2002 | 274 Ga. 815, 2002 Fulton County D. Rep. 353

...3125; see Wojcik v. State, 260 Ga. 260, 392 S.E.2d 525 (1990). It was given jurisdiction to hear and determine, inter alia, "cases involving violations of the ordinances of Gwinnett County." Ga. L.1972, p. 3126, § 2. Smith argues that Article 4 of Title 15, OCGA § 15-10-60 et seq., applicable to magistrate courts, and specifically, OCGA § 15-10-61, which provides for removal for jury trial to state court upon timely demand, applies to his situation because it is a general law governing cases of alleged vio...
...ive of the 1983 Ga. Const., Art. III, Sec. VI, Par. IV, which prohibits the enactment of a local or special law in any case for which provision has been made by an existing general law. But Smith's argument is built upon the faulty premise that OCGA § 15-10-60 et seq....
...any provision of these Regulations shall be guilty of violating a duly adopted Ordinance of Gwinnett County and shall be punished either by a fine not to exceed $500 or by imprisonment not to exceed 60 days, or both." [8] Smith also urges that OCGA § 15-10-60(a) "removes the `nonpetty' standard to qualify for jury trial" under Ballew....