Charging of violation of statute and ordinance interchangeable.

- Any violation of former Code 1933, Ch. 68A and of a local ordinance may, at the discretion of the local prosecutor, be charged as a violation of the state statute or the local ordinance. Diamond v. State, 151 Ga. App. 690, 261 S.E.2d 434 (1979) (decided prior to 1982 amendment; see O.C.G.A. Ch. 6, T. 40).

Prosecutor may select the forum.

- O.C.G.A. § 40-6-376(a) expressly grants the prosecutor the discretion to select the forum. State v. Serio, 257 Ga. App. 369, 571 S.E.2d 168 (2002).

State authorized to seek transfer from municipal to state court.

- Trial court erred in concluding that the state was not authorized to seek transfer from municipal to state court as the prosecutor properly brought a state charge against the defendant and entered a nolle prosequi on the local ordinance violation; the prosecutor was authorized to bring the charges in state court, and the trial court erred in finding otherwise and in transferring the case back to municipal court. State v. West, 258 Ga. App. 269, 574 S.E.2d 365 (2002).

Jurisdiction over traffic offenses.

- Under O.C.G.A. § 40-6-376(a), any violation of state traffic law which is also a violation of a local ordinance may, at the prosecutor's discretion, be charged as a violation of either the state statute or the local ordinance; under O.C.G.A. § 40-6-376(b), if an offense is charged under a local ordinance, but also constitutes a violation of state law, the defendant may request a transfer of the charge from a lower court to "the appropriate state tribunal," and if the defendant makes such a request, a city or recorder's court judge shall bind the defendant's case over to the appropriate state tribunal, after fixing bond and determining whether there was probable cause for arrest. State v. Serio, 257 Ga. App. 369, 571 S.E.2d 168 (2002).

Inapplicable.

- Defendant's offenses were charged as violations of state laws, not local ordinances, so O.C.G.A. § 40-6-376(b) was inapplicable because the defendant waived the defendant's right to a jury trial and jurisdiction was proper in either the recorder's court or the state court. State v. Serio, 257 Ga. App. 369, 571 S.E.2d 168 (2002).

Chapter generally admissible in civil cases.

- As Ga. L. 1974, p. 633 (see now O.C.G.A. Art. 14, Ch. 6, T. 40) did not prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from regulating or prohibiting stopping, standing, or parking, in the course of which local authorities may by reference adopt any or all provisions of former Code 1933, Ch. 68A, and as a violation, which is both a violation of the state traffic regulations, and the city ordinance may be tried in either jurisdiction, there seems no reason why that former chapter should not be generally admissible in civil cases with the burden on the party contending the provision inapplicable to prove any change effectuated by local authorities. Fabian v. Vincent, 155 Ga. App. 464, 270 S.E.2d 858 (1980).

Existence of municipal ordinances must be pled and proved as the court will not take judicial notice of the existence of such ordinances. Hodges v. State, 100 Ga. App. 611, 112 S.E.2d 373 (1959).

Res judicata conviction of either state law or municipal ordinance.

- Conviction of violation of either the state law or municipal ordinance shall constitute res judicata as to the other tribunal for the same offense. Merely because an identical municipal ordinance exists, as to a traffic regulation, the jurisdiction of neither the state nor the municipal court is preempted by the other until there has been a conviction in one of the courts. Hodges v. State, 100 Ga. App. 611, 112 S.E.2d 373 (1959).

Lack of jurisdiction.

- As the focus of a jurisdictional statute was a charge against a specific person, it divested a probate court of jurisdiction over an underlying misdemeanor offense, like reckless driving, when the person was charged with felony vehicular homicide. State v. Perkins, 276 Ga. 621, 580 S.E.2d 523 (2003).

ALR.

- Liability for accident arising from motorist's failure to give signal for right turn, 38 A.L.R.2d 143.