---
title: O.C.G.A. § 24-4-417. Evidence of similar acts in prosecutions for violations of Code Section 40-6-391.
collection: code
id: 24-4-417
cite_as: O.C.G.A. § 24-4-417 (2025)
canonical_url: https://georgiacommons.org/code/24-4-417
md_url: https://georgiacommons.org/code/24-4-417.md
text_url: https://georgiacommons.org/code/24-4-417/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t24-ch1-7-(v20)-2023-pdf.pdf?sfvrsn=27d520aa_0#page=338
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: EVIDENCE / RELEVANT EVIDENCE AND ITS LIMITS
---

# O.C.G.A. § 24-4-417. Evidence of similar acts in prosecutions for violations of Code Section 40-6-391.

(a) In a criminal proceeding involving a prosecution for a violation of Code Section 40-6-391, evidence of the commission of another violation of Code Section 40-6-391 on a different occasion by the same accused shall be admissible when:

(1) The accused refused in the current case to take the state administered test required by Code Section 40-5-55 and such evidence is relevant to prove knowledge, plan, or absence of mistake or accident;

(2) The accused refused in the current case to provide an adequate breath sample for the state administered test required by Code Section 40-5-55 and such evidence is relevant to prove knowledge, plan, or absence of mistake or accident; or

(3) The identity of the driver is in dispute in the current case and such evidence is relevant to prove identity.

(b) In a criminal proceeding in which the state intends to offer evidence under this Code section, the prosecuting attorney shall disclose such evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that the prosecuting attorney expects to offer, at least ten days in advance of trial, unless the time is shortened or pretrial notice is excused by the judge upon good cause shown.

(c) This Code section shall not be the exclusive means to admit or consider evidence described in this Code section.

## History

Code 1981, § 24-4-417, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

## Cross References

Character evidence, Fed. R. Evid. 404.

## Law Reviews

For annual survey on evidence law, see 68 Mercer L. Rev. 121 (2016).