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2018 Georgia Code 40-13-62 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 40-13-62 Case Law from Google Scholar Amendments to OCGA 40-13-62

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 3 TRAFFIC VIOLATIONS BUREAUS

40-13-62. Failure to appear; bench warrant.

When any person cited for a traffic violation pursuant to this article fails to appear in court on the date specified in the citation and in accordance with his written promise to appear, unless such person has posted a cash bond as provided in this article, the traffic violations bureau thereupon loses jurisdiction and the citation shall be forwarded to the prosecuting attorney of the court who shall have an accusation issued against such person. Upon motion of the prosecuting attorney, a bench warrant shall issue based on the accusation for the arrest of the defendant. The defendant's case shall be docketed by the clerk of the court and handled as all other misdemeanors.

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

JUDICIAL DECISIONS

Section determines when accusation is "found."

- It is not until the traffic violations bureau loses jurisdiction to the state court under O.C.G.A. § 40-13-62 that a uniform traffic citation becomes an accusation and is "found" for purposes of O.C.G.A. § 17-7-170. Keller v. State, 183 Ga. App. 717, 359 S.E.2d 714 (1987).

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

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