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2018 Georgia Code 40-5-54 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-5-54 Case Law from Google Scholar Amendments to OCGA 40-5-54

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 5. Drivers' Licenses, 40-5-1 through 40-5-179.

ARTICLE 3 CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES

40-5-54. Mandatory suspension of license; notice of suspension.

  1. The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:
    1. Homicide by vehicle, as defined by Code Section 40-6-393;
    2. Any felony in the commission of which a motor vehicle is used;
    3. Hit and run or leaving the scene of an accident in violation of Code Section 40-6-270;
    4. Racing on highways and streets;
    5. Using a motor vehicle in fleeing or attempting to elude an officer; or
    6. Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15.
  2. All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section shall, at the time of sentencing, give notice to the defendant on forms prescribed by the department of the suspension of the defendant's driver's license. The period of suspension shall be determined by the department for the term authorized by law. The court shall forward the notice of suspension and the defendant's driver's license to the department within ten days from the date of conviction. The department shall notify the defendant of the period of suspension at the address provided by the defendant.

(Ga. L. 1939, p. 135, § 10; Ga. L. 1943, p. 196, § 5; Ga. L. 1951, p. 565, § 7A; Ga. L. 1956, p. 543, § 15; Ga. L. 1957, p. 124, § 4; Ga. L. 1964, p. 225, § 3; Ga. L. 1968, p. 430, § 8; Ga. L. 1971, p. 249, § 1; Code 1933, § 68B-305, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1976, p. 1073, § 1; Ga. L. 1983, p. 1000, § 2; Ga. L. 1987, p. 1082, § 1; Ga. L. 1988, p. 897, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 1284, § 1; Ga. L. 1993, p. 940, § 1; Ga. L. 2000, p. 951, § 5-16; Ga. L. 2002, p. 1024, § 4; Ga. L. 2004, p. 749, § 7; Ga. L. 2011, p. 355, § 4/HB 269; Ga. L. 2015, p. 60, § 4-13/SB 100.)

Cross references.

- Drag racing, § 40-6-186.

Laying drags, § 40-6-251.

Disposition of traffic offenses in Juvenile Court, Uniform Rules for the Juvenile Courts of Georgia, Rule 13.

Editor's notes.

- Ga. L. 2002, p. 1024, § 7, not codified by the General Assembly, provides: "This Act shall become effective November 1, 2002; provided, however, that the Act shall be effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of the authority of the commissioner to adopt rules and regulations and to employ staff and expend moneys within the limits of funds appropriated or otherwise made available for such purpose."

Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: "Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date."

Law reviews.

- For article on the effect on receiving government-issued licenses after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 322 are included in the annotations for this Code section.

Defendant's driver's license was properly suspended after the defendant pled guilty to and received sentences as a first offender for two counts of homicide by vehicle in the first degree and one count of driving with ability impaired by alcohol. Salomon v. Earp, 190 Ga. App. 405, 379 S.E.2d 217 (1989), overruled on other grounds, Pender v. Witcher, 196 Ga. App. 856, 397 S.E.2d 193 (1990).

Conviction in a city court of driving under the influence was sufficient to authorize revocation of the license of the driver to operate an automobile. Watson v. Department of Pub. Safety, 66 Ga. App. 633, 18 S.E.2d 789 (1942) (decided under Ga. L. 1937, p. 322).

Cited in Cofer v. Cook, 141 Ga. App. 646, 234 S.E.2d 185 (1977); Howe v. Cofer, 144 Ga. App. 589, 241 S.E.2d 472 (1978); Cofer v. Crowell, 146 Ga. App. 639, 247 S.E.2d 152 (1978); Hardison v. Popham, 151 Ga. App. 143, 259 S.E.2d 149 (1979); Hardison v. Shepard, 246 Ga. 196, 269 S.E.2d 458 (1980); Miles v. Shaw, 272 Ga. 475, 532 S.E.2d 373 (2000); Dozier v. Jackson, 282 Ga. App. 264, 638 S.E.2d 337 (2006).

OPINIONS OF THE ATTORNEY GENERAL

Reporting of convictions.

- Convictions for violations of O.C.G.A. §§ 40 6 391(2), (4), (6), and 40 5 151 should be reported by the superior court clerk to Department of Driver Services (DDS) and violations of O.C.G.A. §§ 16 13 30(b), 16 13 31, and 16 13 31.1 should be reported to DDS only upon the clerk's determination that the conviction meets the mandate of O.C.G.A. § 40 5 54(a)(2). 2017 Op. Att'y Gen. No. 17-4.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 119, 143 et seq.

Identification of Hit-And-Run Vehicle and Driver, 60 POF3d 91.

ALR.

- What amounts to conviction or adjudication of guilt for purposes of refusal, revocation, or suspension of automobile driver's license, 79 A.L.R.2d 866.

Regulations establishing a "Point System" as regards suspension or revocation of license of operator of motor vehicle, 5 A.L.R.3d 690.

Necessity and sufficiency of showing in a criminal prosecution under a "hit-and-run" statute accused's knowledge of accident, injury, or damage, 23 A.L.R.3d 497; 26 A.L.R.5th 1.

Construction and application of "amnesty" provision whereby automobile driver leaving scene of accident may report to police within stated time without risk of use of his report against him, 36 A.L.R.4th 907.

Cases Citing Georgia Code 40-5-54 From Courtlistener.com

Total Results: 3

PHILLIPS v. JACKSON, JUDGE

Court: Supreme Court of Georgia | Date Filed: 2022-08-09

Snippet: (ii) Covered under Code Section 40-5-54 . . . . (3) The apprehending officer shall

Miles v. Shaw

Court: Supreme Court of Georgia | Date Filed: 2000-06-12

Citation: 532 S.E.2d 373, 272 Ga. 475, 2000 Fulton County D. Rep. 2234, 2000 Ga. LEXIS 495

Snippet: attempting to elude police officers, and OCGA § 40-5-54(a)(5) states that DPS "shall ... suspend... the

State v. Rocco

Court: Supreme Court of Georgia | Date Filed: 1989-10-05

Citation: 384 S.E.2d 183, 259 Ga. 463

Snippet: second conviction of an offense listed in OCGA § 40-5-54 within five years, and for the purposes of OCGA