O.C.G.A.

O.C.G.A. § 40-13-64 (2019)

Suspended sentence division; collection of fines

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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.
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The court may provide that its traffic violations bureau, in addition to the duties set out in this article, shall have charge of what shall be called and designated in the court as the "Suspended Sentence Division of the ________ Court." This division of the court shall be responsible for collecting fines imposed upon persons convicted in the court, where the sentence is suspended upon the payment of a fine. The person or persons in the division shall be authorized, where the judge imposing the sentence stipulates the same therein, to permit such persons receiving suspended sentences, in addition to the other conditions imposed in the suspended sentence, to pay the suspended sentence fine in installments. The person or persons responsible for the administration of the suspended sentence division shall be responsible for collecting the suspended sentence fine by installments and shall also be responsible for the arrest of persons who fail in this respect to comply with the conditions of the suspended sentence.

History

(Ga. L. 1966, p. 381, § 14.)

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CHAPTER 14 USE OF SPEED DETECTION DEVICES AND RED LIGHT CAMERAS

Article 1

General Provisions.

40-14-1. Definitions.

Article 2

Speed Detection Devices.

40-14-1.1. Definitions.

40-14-1.2. Agent not private investigator or subject to certain laws.

40-14-2. Permit required for use; use not authorized where officers paid on fee system; operation by registered or certified peace officers.

40-14-3. Application for permit; use of device while application pending.

40-14-4. Compliance with rules of Federal Communications Commission; certification of devices.

40-14-5. Testing of radar devices; removal of inaccurate radar devices from service; maintenance of testing log and independent calibration tests of automated traffic enforcement devices.

40-14-6. Warning signs required; signage requirements.

40-14-7. Visibility of vehicle from which device is operated.

40-14-8. When case may be made and conviction had.

40-14-9. Certain evidence inadmissible; use of device on hill.

40-14-10. Unlawful use of devices generally.

40-14-11. Investigations by commissioner of public safety; issuance of order suspending or revoking permit; ratio of speeding fines to agency's budget.

40-14-12. Administrative hearing upon permit suspension or revocation.

40-14-13. Administrative and judicial appeal of decision suspending or revoking permit.

40-14-14. Petition for reconsideration following permit suspension or revocation.

40-14-15. Rehearing or restoration of permit at direction of Governor.

40-14-16. Restrictions on suspension or revocation of drivers' licenses; reports to Department of Driver Services to specify speed.

40-14-17. Laser devices; reliability and admissibility of evidence.

40-14-18. Enforcement of speed limit in school zones with recorded images; civil monetary penalty; vehicle registration and transfer of title restrictions for failure to pay penalty.

Article 3

Red Light Cameras.

40-14-20. Definitions.

40-14-21. Traffic-control signal monitoring devices; application and permit for operation; collection and use of civil monetary penalty; inspection of devices.

40-14-22. Timing of traffic-control signals utilizing monitoring devices.

40-14-23. Use of signs to notify motorists of traffic-control signal monitoring devices.

40-14-24. Reports on traffic-control signal monitoring device use.

40-14-25. Complaints about traffic-control signal monitoring devices; rebuttable presumption; remission of revenues.

40-14-26. Revoking traffic-control signal monitoring device permit; hearing; reconsideration.

Annotations

Administrative Rules and Regulations. - Speed detection devices, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Public Safety, Chapter 570-7.

JUDICIAL DECISIONS

Record keeping. - Records of Department of Public Safety kept to be used in speeding cases in which radar speed determinations were to be introduced in evidence were records made in the regular course of business within the meaning of former O.C.G.A. § 24-3-14 (see now O.C.G.A. § 24-8-803). Wiggins v. State, 249 Ga. 302, 290 S.E.2d 427 (1982).

OPINIONS OF THE ATTORNEY GENERAL

Application of chapter to counties and municipalities. - Ga. L. 1968, p. 425 (see now O.C.G.A. Ch. 14, T. 40) is intended to apply to the law enforcement officers of counties and municipalities. 1975 Op. Att'y Gen. No. 75-10.

Ga. L. 1968, p. 425 (see now O.C.G.A. Ch. 14, T. 40) places no restrictions on the use of Vascar and radar by the Department of Public Safety. 1975 Op. Att'y Gen. No. 75-10.

Ga. L. 1968, p. 425 (see now O.C.G.A. Ch. 14, T. 40) does not cover any operation of timing devices by the Department of Public Safety, but rather is limited to governing the manner in which county and municipal law enforcement officers may employ radar and Vascar. 1975 Op. Att'y Gen. No. 75-10.

RESEARCH REFERENCES

ALR. - Presumption and burden of proof of accuracy of scientific and mechanical instruments for measuring speed, temperature, time, and the like, 21 A.L.R.2d 1200.

Automobiles: speeding prosecution based on observation from aircraft, 27 A.L.R.3d 1446.

Possession or operation of device for detecting or avoiding traffic radar as criminal offense, 17 A.L.R.4th 1334.

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ARTICLE 1 GENERAL PROVISIONS

Editor's notes. - Ga. L. 2001, p. 770, § 4 designated Code Section 40-14-1 as Article 1 of this chapter.