O.C.G.A.
O.C.G.A.

O.C.G.A. § 40-5-51 (2019)

Suspension of driving privilege of nonresident; reporting convictions, suspensions, and revocations of nonresidents

✓ 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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(a) The privilege of driving a motor vehicle on the highways of this state given to a nonresident under this chapter shall be subject to suspension or revocation by the department only when suspension or revocation is required by law for the violation. No points shall be assessed as provided in Code Section 40-5-57 for any violation committed by a nonresident. (b) The department is required, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.

(c) When a nonresident’s operating privilege is suspended or revoked, the department shall forward a certified copy of the record of such action to the motor vehicle administrator in the state wherein such person resides.

History

Code 1933, § 68B-302, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 2004, p. 749, § 6.

Annotations

Cross references. Jurisdiction of state over persons temporarily traveling in state, § 50-2-21.

JUDICIAL DECISIONS Failure to comply with reporting requirements. - Any failure by the Department of Transportation in complying with the reporting requirements of O.C.G.A. § 40-5-51 pertaining to suspension or revocation of operating privileges of nonresident motorists did not diminish the fact that former O.C.G.A. § 40-5-55(c), in effect at the time of the offense, evoked procedures at the time of defendant’s arrest for immediate suspension of any person’s driving privileges upon refusal to submit to the chemical test prescribed by O.C.G.A. § 40-5-55(a); consequently, since the trial transcript revealed that the deputy advised defendant at the time of arrest of defendant’s options pursuant to Georgia’s implied consent law, there was no basis for excluding evidence of the results of the state-administered breath test. Anthony v. State, 211 Ga. App. 622, 441 S.E.2d 70, 1993 Ga. App. LEXIS 1590 (1993), cert. denied, No. S94C0613, 1994 Ga. LEXIS 556 (Ga. Feb. 28, 1994), overruled on other grounds, State v. Coleman, 216 Ga. App. 598, 455 S.E.2d 604, 1995 Ga. App. LEXIS 232 (1995). Consent obtained by misleading information. - Police officer’s warning to nonresident defendant that “Under OCGA §§ 40-5-55 and 40-5-153, you will lose your privilege to operate a motor vehicle from six to twelve months should you refuse to submit to the designated State administered chemical test” omitted

the crucial fact that refusal to take the test would affect defendant’s ability to drive “on the highways of this state.” Thus, the defendant was deprived of making an informed choice, and the test results were inadmissible; overruling, Anthony v. State, 211 Ga. App. 622, 441 S.E.2d 70 (1993) and State v. Reich, 210 Ga. App. 407, 436 S.E.2d 703 (1993). State v. Coleman, 216 Ga. App. 598, 455 S.E.2d 604, 1995 Ga. App. LEXIS 232 (1995). Incorrect information harmless. - Arresting officer’s incorrect statement to a motorist arrested for DUI that the motorist’s Florida driver’s license would be suspended “for one year tonight” upon the motorist’s refusal to submit to chemical tests was harmless since the driver had refused to take the tests before the officer made the incorrect statement. Rojas v. State, 235 Ga. App. 524, 509 S.E.2d 72, 1998 Ga. App. LEXIS 1447 (1998), cert. denied, No. S99C0479, 1999 Ga. LEXIS 355 (Ga. Apr. 9, 1999). Surrender of out-of-state license was improper. - Even if a defendant’s speeding conviction were affirmed, O.C.G.A. § 40-5-51(a) provided that no points were to be assessed for any violation committed by a non-resident; accordingly, even if the conviction had been proper, the trial court erred in ordering the defendant to surrender the defendant’s Texas driver’s license. In the Interest of R.G., 272 Ga. App. 276, 612 S.E.2d 94, 2005 Ga. App. LEXIS 270 (2005).

OPINIONS OF THE ATTORNEY GENERAL Forwarding of records upon conviction for driving under the

influence. - Georgia law requires that when non-resident is convicted of driving

MOTOR VEHICLES & TRAFFIC

under the influence the court forward the nonresident’s driver’s license to the Georgia Department of Public Safety, with the license to be forwarded to the non-resident’s home state along with the record of conviction and record of any action taken by the Department of Public Safety. 1986 Op. Att’y Gen. No. U86-15.

Georgia law requires that when a nonresident person is charged with driving under the influence the arresting officer is to take the driver’s license, attach it to the court’s copy of the citation, and forward it to the appropriate court, as would be done with a Georgia driver. 1986 Op. Att’y Gen. No. U86-16.

RESEARCH REFERENCES C.J.S. 60 C.J.S., Motor Vehicles, § 355.

Notes of Decisions
Cited in 12 cases, 1988–2019 · leading case: State v. Coleman, 455 S.E.2d 604 (Ga. Ct. App. 1995).
Sort: Relevance Newest Treatment
State v. Coleman, 455 S.E.2d 604 (Ga. Ct. App. 1995). · cites it 12× “The dissent asserts the officer's warning was not inaccurate since Georgia is obligated to notify the non-resident driver's home state, see OCGA § 40-5-51, and the home state in this case would probably revoke defendant's driving privileges under their own law.”
State v. Barnard, 740 S.E.2d 837 (Ga. Ct. App. 2013). · cites it 6× “6 As it concerns a nonresident motor vehicle driver, OCGA § 40-5-51 (a) pertinently provides: “The privilege of driving a motor vehicle on the highways of this state given to a nonresident under this chapter shall be subject to suspension or revocation by [DDS] only when…”
Smith v. the State, 791 S.E.2d 418 (Ga. Ct. App. 2016). · cites it 4× “” The State concedes that the officer’s statement was substantially misleading because the Georgia Department of Driver Services has no authority to suspend or revoke the driver’s *640 license of a nonresident motorist.”
Deckard v. State, 436 S.E.2d 536 (Ga. Ct. App. 1993). · cites it 2× “OCGA § 40-5-51 (a) provides that as to a nonresident driver of a motor vehicle, Georgia may suspend or revoke only the “privilege of driving a motor vehicle on the highways of this state .”
State v. Simmons, 2000 MT 329 (Mont. 2000). · cites it 2× “OCGA § 40-5-51(c) requires the Georgia Department of Public Safety to forward a certified copy of the record reflecting revocation of defendant's driving privileges to defendant's home state, North Carolina.”
Hale v. State, 373 S.E.2d 250 (Ga. Ct. App. 1988). · cites it 2× “See OCGA §§ 40-5-51 through 40-5-63. Indeed, each of these provisions delineates the specific notice to be given.”
Rojas v. State, 509 S.E.2d 72 (Ga. Ct. App. 1998). · cites it 2× “See generally OCGA § 40-5-51 (a). Nevertheless, unlike the situation in Deckard v.”
Anthony v. State, 441 S.E.2d 70 (Ga. Ct. App. 1993). · cites it 2× “Any failure by the Georgia Department of Transportation in complying with the reporting requirements of OCGA § 40-5-51 pertaining to suspension or revocation of operating privileges of nonresident motorists does not diminish the fact former OCGA § 40-5-55 (c), in effect at the…”
State v. Reich, 436 S.E.2d 703 (Ga. Ct. App. 1993). · cites it 2× “The trial court found the warnings given were coercive be *408 cause the warnings were inaccurate in that contrary to OCGA § 40-5-51 (c), the Department of Public Safety at the time relevant to these appeals was not seeking suspension of out-of-state driver’s licenses because of…”
Hernandez v. The State., 824 S.E.2d 67 (Ga. Ct. App. 2019). · cites it 2× “After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical…”
State v. Lachelle Antoninette Barnard (Ga. Ct. App. 2013). · cites it 6× “6 As it concerns a nonresident motor vehicle driver, OCGA § 40-5-51 (a) pertinently provides: “The privilege of driving a motor vehicle on the highways of this state given to a nonresident under this chapter shall be subject to suspension or revocation by [DDS] only when…”
In the Interest of R. G., 612 S.E.2d 94 (Ga. Ct. App. 2005). · cites it 2× “’s speeding conviction, OCGA § 40-5-51 (a) provides that “[n]o points shall be assessed as provided in Code Section 40-5-57 for any violation committed by a nonresident.”
— 40-5-51(c) — 1 case
State v. Simmons, 2000 MT 329 (Mont. 2000). “OCGA § 40-5-51(c) requires the Georgia Department of Public Safety to forward a certified copy of the record reflecting revocation of defendant's driving privileges to defendant's home state, North Carolina.”
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