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2018 Georgia Code 40-13-53 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-13-53 Case Law from Google Scholar Amendments to OCGA 40-13-53

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 3 TRAFFIC VIOLATIONS BUREAUS

40-13-53. Release of arrested person upon service of citation and complaint.

  1. Subject to the exceptions set out in subsection (b) of this Code section, any officer who arrests any person for the violation of a traffic law or traffic ordinance alleged to have been committed outside the corporate limits of any municipality shall permit such person to be released upon being served with a citation and complaint and agreeing to appear, as provided in this article.If such officer has reasonable and probable grounds to believe that the person will not obey such citation and agreement to appear, the officer may require such person to surrender his driver's license in accordance with Code Section 17-6-11.
  2. The following offenses shall not be handled or disposed of by a traffic violations bureau:
    1. Any offense for which a driver's license may be suspended by the commissioner of driver services;
    2. Any motor vehicle registration violation;
    3. A violation of Code Section 40-5-20;
    4. Speeding in excess of 30 miles per hour over the posted speed limit; or
    5. Any offense which would otherwise be a traffic violations bureau offense but which arose out of the same conduct or occurred in conjunction with an offense which is excluded from the jurisdiction of the traffic violations bureau. Any such offense shall be subject to the maximum punishment set by law.

(Ga. L. 1966, p. 381, § 3; Ga. L. 1983, p. 1000, § 16; Ga. L. 1992, p. 2785, § 29; Ga. L. 2000, p. 951, § 7A-4; Ga. L. 2005, p. 334, § 22-5/HB 501.)

JUDICIAL DECISIONS

Driving with suspended license is not offense to which O.C.G.A. § 40-13-53(a) applies. United States v. Wilson, 853 F.2d 869 (11th Cir. 1988), cert. denied, 488 U.S. 1041, 109 S. Ct. 866, 102 L. Ed. 2d 990 (1989).

Out-of-state offenders not covered.

- O.C.G.A. § 40-13-53 is directed to officers dealing with residents in Georgia and does not attempt to cover out-of-state traffic offenders, per se. O'Keefe v. State, 189 Ga. App. 519, 376 S.E.2d 406, cert. denied, 189 Ga. App. 913, 376 S.E.2d 406 (1988).

Requiring a motorist cited for a traffic violation to drive the motorist's car to a correctional center, in accordance with standard procedure for booking out-of-state motorists and requiring the motorist to post bond, did not constitute an unlawful detention of the motorist or the motorist's automobile. O'Keefe v. State, 189 Ga. App. 519, 376 S.E.2d 406, cert. denied, 189 Ga. App. 913, 376 S.E.2d 406 (1988).

Cited in Smith v. State, 270 Ga. App. 759, 608 S.E.2d 35 (2004).

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