17-6-11. Issuance of uniform traffic citation; failure to appear or dispose of charges; examination of driver’s license at motor vehicle accident scene for organ donor designation.

1. (a)

   1. (1)

      When an individual is apprehended by an officer for the violation of the laws of this state or ordinances relating to the offenses listed in paragraph (2) of this subsection, he or she may display his or her driver’s license and be issued a uniform traffic citation in lieu of being:#

      1. (A)

         Brought before the proper magistrate or other judicial officer;#

      2. (B)

         Incarcerated;#

      3. (C)

         Ordered to post a bond; or#

      4. (D)

         Ordered a recognizance for his or her appearance for trial.#

   2. (2)

      This subsection shall apply to any violation:#

      1. (A)

         Of Title 40 except any offense:#

         1. (i)

            For which a driver’s license may be suspended for a first offense by the commissioner of driver services;#

         2. (ii)

            Covered under Code Section 40-5-54; or#

         3. (iii)

            Covered under Article 15 of Chapter 6 of Title 40;#

      2. (B)

         Involving the width, height, and length of vehicles and loads;#

      3. (C)

         Involving motor common carriers and motor contract carriers;#

      4. (D)

         Involving hazardous materials transportation; or#

      5. (E)

         Involving road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48.#

   3. (3)

      The apprehending officer shall include the individual’s driver’s license number on the uniform traffic citation. When an apprehending officer issues a citation based on information received from another law enforcement officer who observed the offense being committed, the citation shall list the name of each officer. The uniform traffic citation, duly served as provided in this Code section, shall give the judicial officer jurisdiction to dispose of the matter.#

   4. (4)

      Upon display of the driver’s license, the apprehending officer shall release the individual so charged for his or her further appearance before the proper judicial officer as required by the uniform traffic citation.#

2. (b)

   1. (1)

      When a uniform traffic citation is issued and if the accused fails to appear for court or otherwise dispose of his or her charges before his or her scheduled court appearance as stated on the uniform traffic citation, prior to the court issuing a bench warrant, the clerk of court shall notify the accused by first-class mail or by postcard at the address listed on the uniform traffic citation of his or her failure to appear. Such notice shall be dated and allow the accused 30 days from such date to dispose of his or her charges or waive arraignment and plead not guilty. If after the expiration of such 30 day period the accused fails to dispose of his or her charges or waive arraignment and plead not guilty, the clerk of court in which the charges are lodged shall, within five days of such date, forward to the Department of Driver Services the accused’s driver’s license number unless otherwise ordered by the court. The commissioner of driver services shall, upon receipt of such driver’s license number, suspend such accused’s driver’s license and driving privilege until notified by the clerk of court that such driver’s license is to be reinstated. Such accused’s driver’s license shall be reinstated when the accused has scheduled a new date to appear before the court; has appeared in court for a hearing, arraignment, or waiver of arraignment and entry of a plea; or the charge against the accused has been finally adjudicated and the Department of Driver Services receives notice to reinstate the license by the court and the accused individual pays to the Department of Driver Services the applicable restoration fee as set forth in Code Section 40-5-56, unless such fee is waived by the court or otherwise as provided by law.#

   2. (2)

      1. (A)

         The scheduling of a new date to appear before the court for disposition of a uniform traffic citation shall not be conditioned upon payment of any fee for a previous failure to appear.#

      2. (B)

         After the clerk of court has notified the Department of Driver Services of a license reinstatement based upon a newly scheduled date for an accused to appear before the court pursuant to paragraph (1) of this subsection, when the accused requests, for a second or subsequent time, a new date for disposition of the same uniform traffic citation, the court may forward to the Department of Driver Services the accused’s driver’s license number. The commissioner of driver services shall suspend such accused’s driver’s license and driving privilege until notified by the clerk of court that the driver’s license of the accused is to be reinstated. Nothing in this subsection shall require a clerk of court to suspend the driver’s license of an accused who schedules a second or subsequent new date for disposition of the same uniform traffic citation pursuant to this subparagraph.#

      3. (C)

         When the accused fails, for a second or subsequent time, to appear for court or otherwise dispose of his or her charges before his or her newly scheduled court appearance for disposition of the same uniform traffic citation, the court may forward to the Department of Driver Services the accused’s driver’s license number. The commissioner of driver services shall suspend such accused’s driver’s license and driving privilege until notified by the clerk of court that the driver’s license of the accused is to be reinstated. Nothing in this subsection shall require a clerk of court to suspend the driver’s license of an accused who fails to appear for court pursuant to this subparagraph.#

      4. (D)

         Nothing in this subsection shall prevent a court from establishing a policy or practice, by standing order or otherwise, to reinstate such accused driver’s license.#

      5. (E)

         Any notification to suspend or reinstate such accused driver’s license and driving privileges shall be compliant with procedures established by the Department of Driver Services.#

   3. (3)

      This subsection shall not apply to any violation of Title 40:#

      1. (A)

         For which a driver’s license may be suspended for a first offense by the commissioner of driver services;#

      2. (B)

         Covered under Code Section 40-5-54; or#

      3. (C)

         Covered under Article 15 of Chapter 6 of Title 40.#

3. (c)

   A law enforcement officer or emergency medical technician responding to the scene of any motor vehicle accident or other accident involving a fatal injury shall immediately examine the driver’s license of the victim to determine the victim’s wishes concerning organ donation. If the victim has indicated that he or she wishes to be an organ donor, such law enforcement officer or emergency medical technician shall take appropriate action to ensure, if possible, that the victim’s organs are not imperiled by delay in verification by the donor’s next of kin.#

4. (d)

   Nothing in this Code section shall prohibit any law enforcement officer from arresting or from seizing the driver’s license of any individual possessing a fraudulent license or a suspended license or operating a motor vehicle while his or her license is suspended, outside the scope of a driving permit, or without a license.#

5. (e)

   The commissioner of driver services shall be authorized to promulgate reasonable rules and regulations to carry out the purposes of this Code section and to establish agreements with other states whereby a valid license from that state may be accepted for purposes of this Code section.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.