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2018 Georgia Code 40-9-61 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-9-61 Case Law from Google Scholar Amendments to OCGA 40-9-61

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 9. Reporting Accidents; Giving Proof of Financial Responsibility, 40-9-1 through 40-9-103.

ARTICLE 3 UNSATISFIED JUDGMENTS

40-9-61. Suspension of driver's license or operating privilege for nonpayment of judgment.

  1. The department, upon receipt of a certified copy of an unsatisfied judgment, shall suspend the driver's license or nonresident's operating privilege of the person against whom such judgment was rendered except as provided in subsections (b) and (c) of this Code section.
  2. If the judgment creditor consents, in writing, in such form as the department may prescribe, the department, in its discretion, may allow the judgment debtor to retain his or her license or nonresident's operating privilege for six months from the date of such consent and thereafter until such consent is revoked in writing, notwithstanding default in the payment of such judgment or of any installments as provided in Code Section 40-9-63.
  3. The department shall take no action pursuant to subsection (a) of this Code section if it shall find that an insurer was obligated to pay the judgment upon which suspension is based, at least to the extent and for the amounts required in this article, but has not paid such judgment for any reason. Such finding shall not be binding upon such insurer and shall have no legal effect whatever except for the purposes of administering this Code section. Whenever, in any judicial proceedings, it shall be determined by any final judgment, decree, or order that an insurer is not obligated to pay any such judgment, the department, notwithstanding any contrary finding theretofore made by it, shall forthwith suspend the license or nonresident's operating privilege of any person against whom such judgment was rendered.

(Ga. L. 1956, p. 543, § 13; Code 1933, § 68C-402, enacted by Ga. L. 1977, p. 1014, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 2005, p. 334, § 20-4/HB 501.)

JUDICIAL DECISIONS

Section constitutional.

- Since a party has only a qualified right and not a vested right in a driver's license, the revocation of the party's license under Ga. L. 1977, p. 1014, § 1 (see now O.C.G.A. § 40-9-61) cannot violate the prohibition against passage of retroactive statutes. Keenan v. Hardison, 245 Ga. 599, 266 S.E.2d 205 (1980).

There is no equal protection violation resulting from the fact that the judgment creditor alone has discretion whether or not to seek the remedy imposed by Ga. L. 1977, p. 1014, § 1 (see now O.C.G.A. § 40-9-61). Keenan v. Hardison, 245 Ga. 599, 266 S.E.2d 205 (1980).

Nature of punishment.

- Suspension of a driver's license under Ga. L. 1977, p. 1014, § 1 (see now O.C.G.A. § 40-9-61) cannot be considered a criminal punishment. Keenan v. Hardison, 245 Ga. 599, 266 S.E.2d 205 (1980).

When the evidence was sufficient to support the Department of Public Safety's decision to suspend a license, the superior court, sitting as an appellate court, erred in reversing the suspension. Miles v. Andress, 229 Ga. App. 86, 493 S.E.2d 233 (1997).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 172.

C.J.S.

- 60 C.J.S., Motor Vehicles, § 387 et seq.

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