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2018 Georgia Code 40-13-24 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-13-24 Case Law from Google Scholar Amendments to OCGA 40-13-24

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 2 ARRESTS, TRIALS, AND APPEALS

40-13-24. Indictment or accusation not required; docket.

An indictment or accusation shall not be required against a defendant under this article, but a citation and complaint specifically setting out the charge shall be issued. The court shall keep a docket on which shall be plainly kept the name and address of the defendant, the nature of the offense in brief, the date when brought before the court, and the final disposition of the case with the date thereof. Such docket shall be the same in each probate court handling traffic misdemeanor cases and shall be on a form to be prescribed by the Department of Law. Such docket shall be paid for from the treasury of the county in which such court is located. Municipal courts may use the dockets ordinarily in use by them in the trial of other cases or, in the discretion of the court, may adopt the docket provided in this Code section for probate courts.

(Ga. L. 1937-38, Ex. Sess., p. 558, § 6; Ga. L. 1987, p. 3, § 40.)

JUDICIAL DECISIONS

Law prior to section.

- At the time of the passage of Ga. L. 1937-38, Ex. Sess., p. 558, § 6 (see now O.C.G.A. § 40-13-24), the law of this state contemplated that every arrest, either for a misdemeanor or felony, would be made under a warrant. Cooper v. Lunsford, 203 Ga. 166, 45 S.E.2d 395 (1947).

Insolvent costs fund authorized.

- Having construed Ga. L. Ex. Sess. 1937-38, p. 558, as contemplating the creation of an insolvent costs fund in order to pay the sheriff costs in accordance with its provisions, and the Act by its terms making the ordinary (now probate judge) an officer of the court and specifying the amount of costs the ordinary (now probate judge) is to receive in each case, the General Assembly necessarily intended that the ordinary (now probate judge) would participate in the insolvent costs fund. Cooper v. Lunsford, 203 Ga. 166, 45 S.E.2d 395 (1947).

Demand for speedy trial.

- Defendant's demand for a speedy trial upon receipt of a uniform traffic citation and complaint form was not premature since such a citation itself contains the accusation, the preferring of which is a prerequisite to a demand for speedy trial. Majia v. State, 174 Ga. App. 432, 330 S.E.2d 171, aff'd, 254 Ga. 660, 333 S.E.2d 834 (1985).

Cited in McSears v. State, 247 Ga. 48, 273 S.E.2d 847 (1981).

OPINIONS OF THE ATTORNEY GENERAL

Costs permitted for entering case on docket.

- An ordinary (now probate judge) who tries cases arising out of the violation of traffic laws shall be allowed the fee provided for by Ga. L. 1937-38, Ex. Sess., p. 558, § 5 (see now O.C.G.A. § 40-13-25) when the ordinary (now probate judge) enters a case on the docket pursuant to the ordinary's duties as set forth in Ga. L. 1937, Ex. Sess., p. 558, § 6 (see now O.C.G.A. § 40-13-24). 1968 Op. Att'y Gen. No. 68-213.

RESEARCH REFERENCES

Am. Jur. 2d.

- 8 Am. Jur. 2d, Automobiles and Highway Traffic, §§ 984, 985, 995. 62B Am. Jur. 2d, Process, § 1.

C.J.S.

- 21 C.J.S., Courts, §§ 239, 308.

Cases Citing O.C.G.A. § 40-13-24

Total Results: 3  |  Sort by: Relevance  |  Newest First

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State v. Gerbert, 475 S.E.2d 621 (Ga. 1996).

Cited 23 times | Published | Supreme Court of Georgia | Sep 23, 1996 | 267 Ga. 169, 96 Fulton County D. Rep. 3395

...720, 467 S.E.2d 177 (1995). [2] The Rockdale County State Court has four three-month terms of court, commencing on the first Monday in January, April, July, and October. [3] OCGA § 17-7-170(a). [4] OCGA § 17-7-170(b). [5] OCGA § 40-13-1. [6] See OCGA §§ 40-13-24; see also OCGA § 17-7-71(b) (defendant may be tried based on the uniform traffic citation and complaint form in all misdemeanor cases relating to the operation and licensing of motor vehicles and operators)....
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Thornton v. State, 310 Ga. 460 (Ga. 2020).

Cited 13 times | Published | Supreme Court of Georgia | Nov 12, 2020

...of LaFayette, OCGA § 40-13-29 provides that “the judge of the municipal court in each municipal corporation shall have exclusive jurisdiction of traffic misdemeanor cases originating inside the corporate limits of municipalities.” And OCGA § 40-13-24 provides 7 that a prosecution of a misdemeanor traffic offense in a municipal court does not require an indictment or accusation, and such a prosecution instead may be commenced by a citation and compl...
...rticle 2 of Chapter 13 of Title 40],” a grant of authority that necessarily implies the power to 8 enforce the Rules of the Road by the issuance of a citation for a misdemeanor violation of the rules, see OCGA § 40-13-24,5 as well as the concomitant power to effectuate an arrest by citation.6 And the third part of OCGA § 40-13-30 appears to be a limitation of the 5 We understand the phrase “prefer charges” to refer generally to the initiation of proceedings before an adjudicatory body....
...y may “prefer charges,” including “upon the endorsement of the prosecutor or the charge of the judge of the court or on its own motion”), overruled on other grounds, State v. Grace, 263 Ga. 220, 221 (430 SE2d 583) (1993). As provided in OCGA § 40-13-24, the issuance of a citation and complaint is the mechanism for the initiation of a prosecution for a misdemeanor traffic violation under Article 2 of Chapter 13 of Title 40. 6 In some contexts, the term “arrest” connotes a custodial arrest....
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Hayek v. State, 506 S.E.2d 372 (Ga. 1998).

Cited 6 times | Published | Supreme Court of Georgia | Sep 14, 1998 | 269 Ga. 728

...t officially filed for purposes of the accused's right to file a speedy trial demand. [10] Judgment reversed. All the Justices concur. NOTES [1] 267 Ga. 169, 170, 475 S.E.2d 621 (1996) [2] OCGA § 17-7-170(a). [3] OCGA § 17-7-170(b). [4] See OCGA §§ 40-13-24; 17-7-170(b)....