O.C.G.A. § 40-12-8 (2019)
Service upon personal representative
If any person upon whom service of process is authorized by this chapter shall die, or be or become insane, or shall not be sui juris, service shall be made upon his administrator, executor, guardian, or other personal representative in the manner prescribed in this chapter, if such administrator, executor, guardian, or personal representative is not a resident of this state.
History
(Ga. L. 1957, p. 649, § 3.)
Annotations
JUDICIAL DECISIONS
Ga. L. 1957, p. 649, § 3 (see now O.C.G.A. § 40-12-8) is not unconstitutional. The legislature exercised the legislature's police power in regulating the use of the state highways by providing that when a nonresident motorist subject to suit in Georgia dies, service shall be made upon the nonresident's personal representative, if not a resident of Georgia. Peterson v. Wade, 222 Ga. 805, 152 S.E.2d 745 (1966).
Proper method of service on nonresident minor defendant. - Minor is not sui juris; accordingly, in order to perfect service upon a nonresident minor defendant under O.C.G.A. Ch. 12, T. 40, both the nonresident minor defendant and the minor's guardian must be served. Medlin v. Church, 157 Ga. App. 876, 278 S.E.2d 747 (1981).
Cited in Focht v. American Cas. Co., 103 Ga. App. 138, 118 S.E.2d 737 (1961).
RESEARCH REFERENCES
Am. Jur. 2d. - 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 141 et seq.
C.J.S. - 61 C.J.S., Motor Vehicles, § 1124 et seq.
ALR. - Action or proceeding which directly or indirectly seeks to establish liability of, or to recover judgment against, a nonresident executor or administrator, or other fiduciary, as to in personam or in rem, as regards acquisition of jurisdiction under constructive or substituted service of process, 136 A.L.R. 621.
Who is subject to constructive or substituted service of process under statutes providing for such service on nonresident motorists, 155 A.L.R. 333; 53 A.L.R.2d 1164.
Constitutionality and construction of statute authorizing constructive or substituted service of process on, and continuation of pending action against, foreign representative of deceased nonresident driver of motor vehicle, arising out of accident occurring in state, 18 A.L.R.2d 544.
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CHAPTER 13 PROSECUTION OF TRAFFIC OFFENSES
Article 1
Uniform Traffic Citation and Complaint Form.
40-13-1. Form to be developed by commissioner of driver services; function; identifying number.
40-13-2. System of accountability; procedures for use and issuance.
40-13-2.1. Signature on citations required; effect of failure to sign; exemption for out-of-state drivers; electronic capture of signature.
40-13-3. Traffic offenses triable on complaint without indictment except in superior courts; report of disposition.
40-13-4. Fees of officers.
Article 2
Arrests, Trials, and Appeals.
40-13-20. "Municipal courts" defined.
40-13-21. General powers and jurisdiction of probate and municipal courts; assistance of the district attorney or solicitor.
40-13-22. Jurisdiction over offenses under Code Section 40-2-8.
40-13-23. Waiver of jury trial; withdrawal of waiver.
40-13-24. Indictment or accusation not required; docket.
40-13-25. Costs.
40-13-26. How sentences for traffic offenses served; disposition of fines and costs; definition of "urban interstate system".
40-13-27. Records to be kept.
40-13-28. Appeal to superior court; bond.
40-13-29. Jurisdiction exclusive.
40-13-30. Authority to make arrests.
40-13-31. Arresting fees.
40-13-32. Restrictions on ability of courts to change or modify traffic law sentences or judgments.
40-13-33. Limitation on habeas corpus challenge of misdemeanor traffic conviction.
Article 3
Traffic Violations Bureaus.
40-13-50. Establishment.
40-13-51. Appointment of clerk or deputy clerk; bond.
40-13-52. Traffic offense cards; contents.
40-13-53. Release of arrested person upon service of citation and complaint.
40-13-54. Disposition of original and copies of citation and complaint.
40-13-55. Cash bonds permitted.
40-13-56. Officer not to accept cash bond.
40-13-57. Taking of cash bond where officer doubts that arrested person will appear.
40-13-58. Failure to appear after giving cash bond as admission of guilt; forfeiture of bond; order to stand trial not precluded.
40-13-59. Records to be kept by traffic violations bureau; filing of citation and complaint; time for posting cash bond; when bond forfeited.
40-13-60. Disposition of traffic violations; jurisdiction of bureau.
40-13-61. Maintenance of records; accusations.
40-13-62. Failure to appear; bench warrant.
40-13-63. Penalty for failure to appear.
40-13-64. Suspended sentence division; collection of fines.
Cross references. - Cancellation, suspension, and revocation of drivers' licenses, § 40-5-50 et seq.
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ARTICLE 1 UNIFORM TRAFFIC CITATION AND COMPLAINT FORM
Administrative Rules and Regulations. - Uniform Traffic Citations, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Chapter 375-3-4.
JUDICIAL DECISIONS
Jurisdiction of appeal from city court. - When uniform traffic citation and complaint form was used to charge an offense in a constitutional city court, but solicitor (now district attorney) subsequently amended the form to allege a violation of a city ordinance, jurisdiction of an appeal lay in the superior court rather than the Court of Appeals. Parnell v. City of Atlanta, 173 Ga. App. 602, 327 S.E.2d 569 (1985).
Cited in Collins v. State, 154 Ga. App. 651, 269 S.E.2d 509 (1980).
RESEARCH REFERENCES
ALR. - Right of motorist stopped by police officers for traffic offense to be informed at that time of his federal constitutional rights under Miranda v. Arizona, 25 A.L.R.3d 1076.