O.C.G.A.
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.
The driver of any vehicle involved in an accident resulting only in damage to a fixture legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall, upon request and if available, exhibit his operator’s license.
History
(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 44; Code 1981, § 40-6-273; Code 1981, § 40-6-272, as redesignated by Ga. L. 1990, p. 2048, § 5.)
Annotations
JUDICIAL DECISIONS Intent charge proper. - Since the defendant’s intent in leaving the scene of the accident was an element of an offense
under O.C.G.A. § 40-6-272, the trial court’s charge concerning the legal inference that a person of sound mind and
discretion intends the natural and probable consequences of their intentional acts was relevant and proper. Wadsworth v. State, 209 Ga. App. 333, 433 S.E.2d 419 (1993).
Cited in In the Interest of J.D.T., 262 Ga. App. 860, 586 S.E.2d 748 (2003).
OPINIONS OF THE ATTORNEY GENERAL Requirement to stop not extended to trains and crews. - Requirement to stop at the scene of a motor vehicle inci-
dent does not extend to railroad trains and their operating crews. 1970 Op. Att’y Gen. No. 70-32.
RESEARCH REFERENCES Am. Jur. 2d. - 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 326 et seq. C.J.S. - 60 C.J.S., Motor Vehicles, § 46. 61A C.J.S., Motor Vehicles, § 1692 et seq. ALR. - Liability for injuries due to collision between street car and automobile at street intersection, 28 A.L.R. 217; 46 A.L.R. 1000. Constitutionality, construction, and effect of statute in relation to conduct of
driver of automobile after happening of an accident, 66 A.L.R. 1228; 101 A.L.R. 911. Duty toward travelers as regards condition of street or highway left as result of an accident therein, 81 A.L.R. 1004. Criminal responsibility of one other than driver at time of accident, under ‘‘hit and run’’ statute, 62 A.L.R.2d 1130. Sufficiency of compliance with requirement of criminal ‘‘hit and run’’ statute that motorist identify himself, 48 A.L.R.3d 685.
Notes of Decisions
Cited in
11
cases, 1986–2014 · leading case:
Davis v. State, 687 S.E.2d 854 (Ga. Ct. App. 2009).
Davis v. State, 687 S.E.2d 854 (Ga. Ct. App. 2009).
· cites it 2× “Dock Heard Davis, an attorney, was indicted on charges of driving under the influence of alcohol to the extent that he was a less safe driver (“DUI less safe”), OCGA § 40-6-391 (a) (1) (Count 1); failure to maintain lane, OCGA § 40-6-48 (Count 2); violating the open container…”
Frost v. the State, 761 S.E.2d 875 (Ga. Ct. App. 2014).
· cites it 2× “Frost was tried for Driving Under the Influence of Alcohol to the extent that it was less safe for him to drive, OCGA § 40-6-391 (a) (1) (DUI less safe); striking a fixture, OCGA § 40-6-272; and open container, OCGA § 40-6-253.”
Goddard v. State, 536 S.E.2d 160 (Ga. Ct. App. 2000).
· cites it 2× “OCGA § 40-6-272. 3 Resolution of the factual discrepancies in Goddard’s affidavit and the officer’s testimony was for the trial court and will not be disturbed by this Court absent clear error, not present here.”
Wadsworth v. State, 433 S.E.2d 419 (Ga. Ct. App. 1993).
· cites it 2× “Defendant was charged with violating the duty of a driver upon striking a fixture, as set forth in OCGA § 40-6-272. Since defendant’s intent in leaving the scene of the accident was an element of this offense, the trial court’s charge concerning the legal inference that a person…”
LUY v. State, 694 S.E.2d 370 (Ga. Ct. App. 2010).
· cites it 2× “A jury convicted Vinh Luy of striking a parked vehicle (OCGA § 40-6-271 (a)), driving under the influence (“DUI”)-less safe (OCGA § 40-6-391 (a) (l)), 1 DUI-per se (OCGA § 40-6-391 (a) (5)), 2 and striking a fixed object (OCGA § 40-6-272). Luy appeals, contending that the trial…”
State v. Fleming, 415 S.E.2d 513 (Ga. Ct. App. 1992).
· cites it 2× “1 OCGA § 40-6-272 sets forth the duty of a motor vehicle driver who strikes a fixture legally upon or adjacent to a highway.”
In the Interest of J. D. T., 586 S.E.2d 748 (Ga. Ct. App. 2003).
· cites it 2× “was adjudicated delinquent on three counts of theft by taking a motor vehicle (OCGA § 16-8-2) and two counts of striking a stationary object (OCGA § 40-6-272). A motion for new trial was denied, and he appeals pursuant to the trial court’s subsequent grant of an out-of-time…”
Tennesson v. State, 447 S.E.2d 152 (Ga. Ct. App. 1994).
· cites it 2× “Defendant Tennesson appeals his conviction of the offenses of reckless driving (OCGA § 40-6-390), fleeing or attempting to elude a police officer (OCGA § 40-6-395), and failing to fulfill the duty placed upon a driver striking a fixture legally adjacent to a highway (OCGA §…”
Young v. City of Atlanta, 631 F. Supp. 1498 (N.D. Ga. 1986).
· cites it 2× “Plaintiff was charged with violating O.C.G.A. § 40-6-272, entitled “Duty Upon Striking Unattended Vehicle.”
In Re Jdt, 586 S.E.2d 748 (Ga. Ct. App. 2003).
· cites it 2× “Viewed in the light most favorable to the juvenile court's adjudication, [1] the evidence at trial showed that on Sunday, July 21, 2002, a Mack semi-tractor and trailer was taken from the property of Southern Concrete, and a concrete mixer and a block truck were taken from the…”
Eberly v. State, 522 S.E.2d 294 (Ga. Ct. App. 1999).
· cites it 2× “A Glynn County jury found John Paul Eberly guilty of driving under the influence of alcohol — less safe driver — and a violation of OCGA § 40-6-272 regarding his duty upon striking a fixed object.”
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.