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2018 Georgia Code 40-6-187 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-6-187 Case Law from Google Scholar Amendments to OCGA 40-6-187

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 6. Uniform Rules of the Road, 40-6-1 through 40-6-397.

ARTICLE 9 SPEED RESTRICTIONS

40-6-187. Charging violations; sentence to specify amount by which speed limit exceeded.

  1. In every charge of violation of any speed regulation in this chapter, the summons, uniform traffic citation, official charging instrument, or notice to appear shall specify the speed at which the defendant is alleged to have driven, the maximum speed applicable within the district or at the location, and whether the violation occurred on a two-lane road or highway. For purposes of this Code section, the term "two-lane road or highway" means a road or highway with two lanes for through-traffic movement exclusive of any portion of the road or highway adjoining the traveled way for parking, speed change, turning, weaving, truck climbing, or other purposes supplementary to through-traffic movement.
  2. For the purpose of imposing points pursuant to Code Section 40-5-57, every sentence for a violation of any speed regulation in this chapter shall state the specific amount by which the person convicted exceeded the speed limit.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 54; Code 1933, § 68A-807, enacted by Ga. L. 1975, p. 1582, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 1990, p. 2048, § 5; Ga. L. 2006, p. 449, § 22/HB 1253; Ga. L. 2009, p. 679, § 10/HB 160.)

JUDICIAL DECISIONS

Indictment for involuntary manslaughter held sufficiently definite.

- When an indictment for involuntary manslaughter alleges violation of automobile speed regulations by stating that at the time of the accident the defendant was operating the defendant's automobile at a rate of speed in excess of 60 (now 55) miles per hour, the allegation is sufficiently definite. Byars v. State, 92 Ga. App. 511, 88 S.E.2d 818 (1955).

Citation not defective.

- When the officer left the box indicating "2-lane road" blank, the officer was complying with the citation statute by showing that the road consisted of more than two lanes at the location at issue and, thus, the citation was not defective. Frasard v. State, 322 Ga. App. 468, 745 S.E.2d 716 (2013).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 342, 343.

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