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2018 Georgia Code 15-21-149 | Car Wreck Lawyer

TITLE 15 COURTS

Section 21. Payment and Disposition of Fines and Forfeitures, 15-21-1 through 15-21-209.

ARTICLE 9 BRAIN AND SPINAL INJURY TRUST FUND

15-21-149. Fines; penalties.

  1. In every case in which any court in this state shall impose a fine, which shall be construed to include costs, for any violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, or for violations of ordinances of political subdivisions which have adopted by reference Code Section 40-6-391, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine.
  2. Such sums shall be in addition to any amount required to be paid into any pension, annuity, or retirement fund under Title 47 or any other law and in addition to any other amounts provided for in this chapter.

(Code 1981, §15-21-149, enacted by Ga. L. 1998, p. 667, § 1; Ga. L. 2000, p. 1652, § 1.)

JUDICIAL DECISIONS

Fine improperly imposed.

- Since no fine was imposed on the driving under the influence count, the $100 brain/spinal cord fee and the $25 driving under the influence victim surcharge should not have been imposed under O.C.G.A. §§ 15-21-149(a) and15-21-150 because those fees were contingent upon the imposition of a fine. Johnson v. State, 282 Ga. App. 258, 638 S.E.2d 406 (2006).

Cited in Hannah v. State, 280 Ga. App. 230, 633 S.E.2d 800 (2006).

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