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Official Code of Georgia Annotated

Title 40. MOTOR VEHICLES AND TRAFFIC · Chapter 13. PROSECUTION OF TRAFFIC OFFENSES · Article 2. ARRESTS, TRIALS, AND APPEALS

40-13-22. Jurisdiction over offenses under Code Section 40-2-8.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Notwithstanding any provision of the law to the contrary, any person, firm, or corporation charged with an offense under Code Section 40-2-8 may be tried in any municipal court of any municipality if the offense occurred within the corporate limits of such municipality. Such courts are granted the jurisdiction to try and dispose of such cases. The jurisdiction of such courts shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. Any fines and bond forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. Any person, firm, or corporation charged with any offense under this Code section shall be entitled to request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred.#

  2. (b)

    Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality’s charter.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1931, p. 213, § 2; Code 1933, § 68-9901; Ga. L. 1977, p. 1039, § 1; Ga. L. 1987, p. 3, § 40; Ga. L. 2015, p. 693, § 3-32/HB 233.

Editor's notes

Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: ‘‘This Act shall become effective July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure.’’

Law reviews

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t40-ch6-16-(v29)-2018-pdf.pdf, Volume V29, 2018 edition, page 633; merge action: carried; file SHA-256 82c1b132c971.