TITLE 17 CRIMINAL PROCEDURE

Section 6. Bonds and Recognizances, 17-6-1 through 17-6-114.

ARTICLE 1 GENERAL PROVISIONS

17-6-11. Display of driver's license for violation of certain traffic related laws; notice of failure to appear; suspension of license; arrest; seizure of license.

1. 1. When an individual is apprehended by an officer for the violation of the laws of this state or ordinances relating to the offenses listed in paragraph (2) of this subsection, he or she may display his or her driver's license and be issued a uniform traffic citation in lieu of being:
      1. Brought before the proper magistrate or other judicial officer;
      2. Incarcerated;
      3. Ordered to post a bond; or
      4. Ordered a recognizance for his or her appearance for trial.
   2. This subsection shall apply to any violation:
      1. Of Title 40 except any offense:
         1. For which a driver's license may be suspended for a first offense by the commissioner of driver services;
         2. Covered under Code Section 40-5-54; or
         3. Covered under Article 15 of Chapter 6 of Title 40;
      2. Involving the width, height, and length of vehicles and loads;
      3. Involving motor common carriers and motor contract carriers;
      4. Involving hazardous materials transportation; or
      5. Involving road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48.
   3. The apprehending officer shall include the individual's driver's license number on the uniform traffic citation. The uniform traffic citation, duly served as provided in this Code section, shall give the judicial officer jurisdiction to dispose of the matter.
   4. Upon display of the driver's license, the apprehending officer shall release the individual so charged for his or her further appearance before the proper judicial officer as required by the uniform traffic citation.
2. 1. When a uniform traffic citation is issued and if the accused fails to appear for court or otherwise dispose of his or her charges before his or her scheduled court appearance as stated on the uniform traffic citation, prior to the court issuing a bench warrant, the clerk of court shall notify the accused by first-class mail or by postcard at the address listed on the uniform traffic citation of his or her failure to appear. Such notice shall be dated and allow the accused 30 days from such date to dispose of his or her charges or waive arraignment and plead not guilty. If after the expiration of such 30 day period the accused fails to dispose of his or her charges or waive arraignment and plead not guilty, the clerk of court in which the charges are lodged shall, within five days of such date, forward to the Department of Driver Services the accused's driver's license number. The commissioner of driver services shall, upon receipt of such driver's license number, suspend such accused's driver's license and driving privilege until notified by the clerk of court that the charge against the accused has been finally adjudicated. Such accused's driver's license shall be reinstated when he or she submits proof of the final adjudication and pays to the Department of Driver Services a restoration fee of $50.00 or $25.00 when such reinstatement is processed by mail.
   2. This subsection shall not apply to any violation of Title 40:
      1. For which a driver's license may be suspended for a first offense by the commissioner of driver services;
      2. Covered under Code Section 40-5-54; or
      3. Covered under Article 15 of Chapter 6 of Title 40.

         (b.1)It shall be the duty of a law enforcement officer or emergency medical technician responding to the scene of any motor vehicle accident or other accident involving a fatal injury to examine immediately the driver's license of the victim to determine the victim's wishes concerning organ donation. If the victim has indicated that he or she wishes to be an organ donor, it shall be the duty of such law enforcement officer or emergency medical technician to take appropriate action to ensure, if possible, that the victim's organs shall not be imperiled by delay in verification by the donor's next of kin.

3. Nothing in this Code section bars any law enforcement officer from arresting or from seizing the driver's license of any individual possessing a fraudulent license or a suspended license or operating a motor vehicle while his or her license is suspended, outside the scope of a driving permit, or without a license.
4. The commissioner of driver services shall be authorized to promulgate reasonable rules and regulations to carry out the purposes of this Code section and to establish agreements with other states whereby a valid license from that state may be accepted for purposes of this Code section.

(Ga. L. 1973, p. 435, §§ 1, 2; Ga. L. 1976, p. 213, § 1; Ga. L. 1979, p. 759, § 1; Ga. L. 1982, p. 1136, §§ 3, 6; Ga. L. 1986, p. 1607, § 1; Ga. L. 1987, p. 542, § 3; Ga. L. 1990, p. 8, § 17; Ga. L. 1991, p. 94, § 17; Ga. L. 1991, p. 1776, § 1; Ga. L. 1996, p. 1624, §§ 2, 3; Ga. L. 2000, p. 951, § 12-1; Ga. L. 2005, p. 334, § 7-3/HB 501; Ga. L. 2011, p. 479, § 4/HB 112; Ga. L. 2017, p. 608, § 1/SB 176.)

The 2011 amendment, effective July 1, 2011, in subsection (a), redesignated the existing language as individual paragraphs and made related capitalization changes; deleted "or" at the end of paragraph (a)(4); added paragraphs (a)(5) through (a)(7); and redesignated former paragraph (a)(5) as paragraph (a)(8).

The 2017 amendment, effective July 1, 2017, rewrote subsections (a) and (b).