O.C.G.A.

O.C.G.A. § 32-1-10 (2019)

Penalty

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Any person who violates any of the provisions of this title for which no specific penalty is provided, whether or not such act or omission is expressly declared elsewhere in this title to be unlawful, or who violates any of the rules and regulations issued under authority of and in accord with the provisions of this title shall be guilty of a misdemeanor; provided, however, that a violation of Code Sections 32-6-26 and 32-6-27 shall not be considered a crime.

(b) In addition to the penalty provided for in subsection (a) of this Code section, the department shall have the right to enjoin any act or omission so punishable as a misdemeanor or punished otherwise as provided elsewhere in this title.

History

Code 1933, § 95A-1101, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 1978, p. 1989, § 4.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Promotion of safety and protection of public investment. - O.C.G.A. §§ 32-1-10, 32-6-23, 32-6-24, 46-7-61 (now repealed) and 46-7-78 (now repealed) are intended to promote the safety of the traveling public and protect the public’s investment in the public’s roads and highways. 1981 Op. Att’y Gen. No. U81-17. When Department of Transporta-

tion officers may selectively stop vehicles. - Department of Transportation enforcement officers may not selectively stop vehicles unless the officers have an articulate and reasonable suspicion that the operator is violating, or the vehicle is in violation of, the law. 1987 Op. Att’y Gen. No. U87-31.

Notes of Decisions

Cited in 3 cases, 1988–1991 · leading case: Semones v. State, 406 S.E.2d 483 (Ga. Ct. App. 1991).

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Semones v. State, 406 S.E.2d 483 (Ga. Ct. App. 1991). · cites it 2× “Held: OCGA § 32-6-21 provides, in pertinent part, as follows: “(b) No person shall operate or load for operation, on any public road, any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent said covering or load from becoming…”

State v. Sommerville, 372 S.E.2d 688 (Ga. Ct. App. 1988). · cites it 4× “” OCGA § 32-1-10 (a). A violation of OCGA § 32-6-21 is, therefore, punishable as a misdemeanor pursuant to OCGA § 32-1-10 (a).”

Semones v. State, 414 S.E.2d 463 (Ga. 1991). · cites it 2× “The penalty provision for violation of this statute is contained in OCGA § 32-1-10 and provides for criminal misdemeanor punishment of up to one year imprisonment.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.