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2018 Georgia Code 40-13-60 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-13-60 Case Law from Google Scholar Amendments to OCGA 40-13-60

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 3 TRAFFIC VIOLATIONS BUREAUS

40-13-60. Disposition of traffic violations; jurisdiction of bureau.

Any traffic violation under the jurisdiction of the traffic violations bureau shall be characterized and classified as a traffic violation and shall not be considered as a misdemeanor. Whenever any traffic violation is transferred from another court to a court which has a traffic violations bureau, if such offense is classified as a traffic violation on the traffic violations bureau schedule of the receiving court, such violation shall be handled and disposed of by such traffic violations bureau.Where a defendant demands a trial on a traffic violation, it shall be tried before a judge of the court which established the traffic violations bureau. The request for a trial shall not result in a loss of jurisdiction by the traffic violations bureau.

(Ga. L. 1966, p. 381, § 12; Ga. L. 1992, p. 2785, § 29.)

JUDICIAL DECISIONS

O.C.G.A. § 40-13-60 is unconstitutional to the extent the statute may be interpreted as limiting a traffic violator to a bench trial and because the written rights advisement form used with regard to the traffic violations charged against a defendant was tailored only to guilty pleas and did not adequately address the defendant's right to a jury trial. Smith v. State, 270 Ga. App. 759, 608 S.E.2d 35 (2004).

No right to counsel on speeding charge.

- Defendant was not entitled to counsel at the bench trial when the defendant was tried for speeding because, pursuant to O.C.G.A. § 40-13-60, the defendant was tried for a traffic violation, and was not subjected to a misdemeanor prosecution. Miller-Roy v. State, 255 Ga. App. 575, 565 S.E.2d 899 (2002).

Right to trial by jury.

- O.C.G.A. § 40-13-60 manifestly infringes on Ga. Const. 1983, Art. I, Sec. XI, Para. I insofar as the statute denies a criminal defendant, who is subject to potential punishment as a misdemeanant, the right to trial by jury; eliminating the language in O.C.G.A. § 40-13-60 that seemingly restricts a traffic violator to a bench trial would not undermine the general intent and overall scheme of O.C.G.A. § 40-13-50 et seq. Geng v. State, 276 Ga. 428, 578 S.E.2d 115 (2003).

Cited in Daniel v. State, 169 Ga. App. 722, 314 S.E.2d 737 (1984); Keller v. State, 183 Ga. App. 717, 359 S.E.2d 714 (1987); Adefemi v. Ashcroft, 335 F.3d 1269 (11th Cir. 2003).

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