O.C.G.A.

O.C.G.A. § 40-2-6.1 (2019)

Obscuring license plate in order to impede surveillance equipment

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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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Any person who willfully covers any license plate with plastic, other material, or any part of his or her body in order to prevent or impede the ability of surveillance equipment to clearly photograph or otherwise obtain a clear image of the license plate is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00.

History

Code 1981, § 40-2-6.1, enacted by Ga. L. 2005, p. 691, § 1/SB 93.

Annotations

JUDICIAL DECISIONS Violation allowed law enforcement officer to make valid traffic stop. - Defendant’s commission of a traffic offense pursuant to O.C.G.A. § 40-2-6.1 allowed an officer to make a valid traffic stop of the

defendant’s vehicle. Thomas v. State, 289 Ga. App. 161, 657 S.E.2d 247, 2008 Ga. App. LEXIS 26 (2008), cert. dismissed, No. S08C0959, 2008 Ga. LEXIS 491 (Ga. May 19, 2008).

MOTOR VEHICLES & TRAFFIC

OPINIONS OF THE ATTORNEY GENERAL Fingerprinting of offenders not required. - This offense is not one for which those charged with a violation are

to be fingerprinted. 2006 Op. Att’y Gen. No. 2006-2.

Notes of Decisions

Cited in 2 cases, 2008–2015 · leading case: Thomas v. State, 657 S.E.2d 247 (Ga. Ct. App. 2008).

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Thomas v. State, 657 S.E.2d 247 (Ga. Ct. App. 2008). · cites it 4× “Barbeau’s observation that Thomas’s car tag was covered in plastic in violation of OCGA § 40-2-6.1 made the traffic stop valid.”

Watts v. the State, 780 S.E.2d 431 (Ga. Ct. App. 2015). · cites it 2× “Franco initiated the stop after observing that the license plate on Gay’s truck was covered by a piece of tinted plastic, in violation of OCGA § 40-2-6.1. Franco testified that he became suspicious of the *772 individuals in the truck because Gay continued to drive the truck for…”

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.