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

O.C.G.A. § 40-6-187 (2019)

Charging violations; sentence to specify amount by which speed limit exceeded

✓ 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) 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. (b) 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.

History

(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.)

Annotations

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.

Notes of Decisions
Cited in 3 cases, 2002–2013 · leading case: Frasard v. State, 745 S.E.2d 716 (Ga. Ct. App. 2013).
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Frasard v. State, 745 S.E.2d 716 (Ga. Ct. App. 2013). · cites it 6× “See OCGA § 40-6-187 (a) (citation “shall specify the speed at which the defendant is alleged to have driven, the maximum *473 speed applicable .”
Jones v. State, 574 S.E.2d 398 (Ga. Ct. App. 2002). · cites it 2× “Clearly, the UTC accused Jones of the offense of speeding and then went on to inform Jones of some of the specific evidence against him. The precise speeds at which the radar gun and the officer’s visual observations estimated his speed were not allegations of the citation, but…”
Michael C. Frasard v. State (Ga. Ct. App. 2013). · cites it 5× “This citation indicated that Frasard was speeding on Peachtree Road. When the officer left the box indicating “2 - lane road” blank, he was complying with OCGA § 40-6-187 by showing that the road consisted of more than two lanes at the location at issue.”
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.