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2018 Georgia Code 40-13-2.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-13-2.1 Case Law from Google Scholar Amendments to OCGA 40-13-2.1

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 13. Prosecution of Traffic Offenses, 40-13-1 through 40-13-64.

ARTICLE 1 UNIFORM TRAFFIC CITATION AND COMPLAINT FORM

40-13-2.1. Signature on citations required; effect of failure to sign; exemption for out-of-state drivers; electronic capture of signature.

  1. A person who is issued a citation as provided in this chapter or Code Section 17-6-11, relating to display of driver's license in lieu of bail, shall sign the citation to acknowledge receipt of the citation and of his or her obligation to appear for trial. The officer shall advise the person that signing the citation is not an admission of guilt and that failure to sign will result in the person having to post a cash bond. If the person refuses to sign the citation, it shall constitute reasonable cause to believe that the person will not appear at trial and the officer may bring the person before a judicial officer or traffic violations bureau to post a bond as is otherwise provided by law.
  2. The provisions of subsection (a) of Code Section 17-6-11 shall not apply to a person in possession of a driver's license issued by a state or foreign country that has not entered into a reciprocal agreement regarding the operation of motor vehicles with this state as provided in Chapter 5 of Title 40, which provides for the suspension of a driver's license by the other state or foreign country of a person who fails to appear for trial of a traffic offense committed in this state.
  3. The signature of any person to whom a citation is issued may be captured electronically.

(Code 1981, §40-13-2.1, enacted by Ga. L. 2000, p. 1313, § 5; Ga. L. 2010, p. 932, § 25/HB 396.)

JUDICIAL DECISIONS

Procedures after failure to sign.

- Trial court did not err in granting the defendant's motion to suppress evidence because the defendant's arrest was illegal. After electing to issue a traffic citation, a deputy could not make a custodial arrest of the defendant when the defendant refused to sign the citation; the deputy had to follow the procedures in O.C.G.A. § 40-13-2.1(a) of advising the defendant that signing the citation would not be an admission of guilt or that, if the defendant refused to sign, the defendant would need to post a cash bond. State v. Torres, 290 Ga. App. 804, 660 S.E.2d 763 (2008).

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