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2018 Georgia Code 40-2-114 | Car Wreck Lawyer

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 2. Registration and Licensing of Motor Vehicles, 40-2-1 through 40-2-168.

ARTICLE 5 UNREGISTERED MOTOR TRUCKS

40-2-114. Unlawful acts; penalties.

  1. It shall be unlawful for any person:
    1. To operate a motor truck subject to this article upon any public highway in this state without first obtaining the permit required under Code Section 40-2-111;
    2. To violate any regulation issued by the commissioner pursuant to the authority granted under this article;
    3. To fail to file any return or report required by the commissioner;
    4. To make a false return or fail to keep records of operations as may be required by the commissioner; or
    5. To make knowingly any false statement in any application for registration.
  2. Any person who violates any provision of this Code section, upon first conviction, shall be punished by a fine of not less than $100.00 nor more than $250.00; and upon a second or subsequent conviction, by a fine of not less than $250.00 nor more than $500.00, or by imprisonment for not more than 30 days, or both.

(Ga. L. 1953, Nov.-Dec. Sess., p. 343, Part 2, § 6; Ga. L. 1985, p. 149, § 40; Ga. L. 1987, p. 949, § 4; Ga. L. 1990, p. 2048, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Jury trial for violation of statute.

- Ga. L. 1953, Nov.-Dec. Sess., p. 343, Part 2, § 6 (see now O.C.G.A. § 40-2-114) contemplates a trial by jury and a conviction or acquittal of persons accused of violating the law on unregistered motor trucks (see now O.C.G.A. Art. 5, Ch. 2, T. 40); therefore, it would be necessary for a warrant to be sworn out against an alleged violator and a trial held in a court with appropriate jurisdiction. 1954-56 Op. Att'y Gen. p. 476.

RESEARCH REFERENCES

C.J.S.

- 60 C.J.S., Motor Vehicles, §§ 41, 42.

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