O.C.G.A.
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.
(a) 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. (b) 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.
History
(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.)
Annotations
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).
Notes of Decisions
Berkemer v. McCarty, 468 U.S. 420 (1984).
· cites it 2× “§§ 28-1053 , 28-1054 (1976); Ga. Code Ann. § 40-13-53 (Supp. 1983); Kan.”
McCants v. State, 564 S.E.2d 532 (Ga. Ct. App. 2002).
· cites it 4× “12 See OCGA § 40-13-53. 13 OCGA § 40-13-53 (b) (1).”
O'KEEFE v. State, 376 S.E.2d 406 (Ga. Ct. App. 1988).
· cites it 2× “In OCGA § 40-13-53 (a), the officer who issues a traffic citation — except for certain listed offenses not here applicable, “shall permit such person to be released upon being served with a citation and complaint and agreeing to appear .”
United States v. Suarez, 694 F. Supp. 926 (S.D. Ga. 1988).
· cites it 4× “See O.C.G.A. §§ 40-13-53, 40-13-58. Indeed, with limited exceptions (e.”
United States v. Bobby Joe Wilson, 853 F.2d 869 (11th Cir. 1988).
· cites it 6× “Wilson relies in the alternative on O.C.G.A. § 40-13-53(a) as support for his argument that Ralston had no legal authority to place him under custodial arrest.”
State v. Gerbert, 467 S.E.2d 177 (Ga. Ct. App. 1996).
· cites it 4× “” OCGA § 40-13-53 (b) (1) provides that any offense for which a driver’s license may be suspended by the commissioner of public safety shall not be handled or disposed of by a traffic violations bureau.”
Smith v. State, 608 S.E.2d 35 (Ga. Ct. App. 2004).
· cites it 6× “See OCGA § 40-13-53 (b) (1), (4) (no TVB jurisdiction over offenses for which driver’s license subject to suspension by commissioner of motor vehicles or as to which a fine of $500 or more may be imposed 4 ); see also McCants v.”
— 40-13-53(a) — 2 cases
United States v. Bobby Joe Wilson, 853 F.2d 869 (11th Cir. 1988).
“Wilson relies in the alternative on O.C.G.A. § 40-13-53(a) as support for his argument that Ralston had no legal authority to place him under custodial arrest.”
United States v. Suarez, 694 F. Supp. 926 (S.D. Ga. 1988).
“See O.C.G.A. §§ 40-13-53, 40-13-58. Indeed, with limited exceptions (e.”
— 40-13-53(b)(1) — 1 case
State v. Gerbert, 467 S.E.2d 177 (Ga. Ct. App. 1996).
“” OCGA § 40-13-53 (b) (1) provides that any offense for which a driver’s license may be suspended by the commissioner of public safety shall not be handled or disposed of by a traffic violations bureau.”
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.