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2018 Georgia Code 40-5-56 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-5-56 Case Law from Google Scholar Amendments to OCGA 40-5-56

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

40-5-56. Suspension of license or driving privilege for failure to respond to citation; reinstatement of license.

  1. Notwithstanding any other provisions of this chapter or any other law to the contrary, the department shall suspend the driver's license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction in this state or in any other state for a traffic violation other than a parking violation. The department shall include language in the uniform traffic citation stating that failure to appear and respond to such citation shall result in the suspension of the violator's driver's license or nonresident driving privilege. The language reflected on a uniform traffic citation issued in this state shall be sufficient notice of said suspension to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear. Notwithstanding the foregoing, the department shall send notice of any suspension imposed pursuant to this Code section. Such notice shall be sent via certified mail to the address reflected on its records as the person's mailing address. Proof of receipt of said notice shall be admissible to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear.
  2. The suspension provided for in this Code section shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays a restoration fee of $100.00 or $90.00 when such reinstatement is processed by mail to the department. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter.

(Code 1933, § 68B-316, enacted by Ga. L. 1978, p. 1452, § 1; Ga. L. 1979, p. 1049, § 2; Ga. L. 1983, p. 1000, § 4; Ga. L. 1984, p. 22, § 40; Ga. L. 1986, p. 184, § 1; Ga. L. 1988, p. 897, § 2; Ga. L. 1990, p. 2048, § 4; Ga. L. 1994, p. 97, § 40; Ga. L. 2000, p. 951, § 5-18; Ga. L. 2000, p. 1589, § 4; Ga. L. 2006, p. 449, § 6/HB 1253; Ga. L. 2008, p. 171, § 5/HB 1111; Ga. L. 2009, p. 679, § 3/HB 160; Ga. L. 2010, p. 932, § 12/HB 396.)

JUDICIAL DECISIONS

Driving on erroneously suspended license.

- If the person is driving despite notification that the person's license has been suspended, the person is flaunting the law even if the reasons underlying the person's suspension were erroneously forwarded to the department. Smith v. State, 187 Ga. App. 322, 370 S.E.2d 185 (1988).

Collateral attack not permissible.

- When there is no evidence that the defendant requested a hearing on the suspension of the defendant's license after receipt of the notices of proposed suspension, the defendant waived the right to a hearing to contest the suspension, and the reasons for the suspension set forth on notices of suspension admitted in evidence made the suspension valid on the suspension's face so that an attack on the validity of the suspension was collateral and was not permissible. Smith v. State, 187 Ga. App. 322, 370 S.E.2d 185 (1988).

Cited in Agnew v. State, 298 Ga. App. 290, 680 S.E.2d 141 (2009).

RESEARCH REFERENCES

C.J.S.

- 60 C.J.S., Motor Vehicles, § 418.

ALR.

- Statute providing for judicial review of administrative order revoking or suspending automobile driver's license as providing for trial de novo, 97 A.L.R.2d 1379.

Cases Citing Georgia Code 40-5-56 From Courtlistener.com

Total Results: 1

Higgins v. Department of Public Safety

Court: Supreme Court of Georgia | Date Filed: 1986-09-03

Citation: 347 S.E.2d 562, 256 Ga. 288

Snippet: license for "failure to respond" under OCGA § 40-5-56[1] unless he paid the fine to the local court or