Official Code of Georgia Annotated
Title 40. MOTOR VEHICLES AND TRAFFIC · Chapter 13. PROSECUTION OF TRAFFIC OFFENSES · Article 2. ARRESTS, TRIALS, AND APPEALS
40-13-28. Appeal to superior court; bond.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Any defendant convicted under this article shall have the right of appeal to the superior court. The provisions of subsections (b), (c), and (d) of Code Section 5-3-5 and subsection (e) of Code Section 5-3-9 shall not apply to appeals under this Code section. Otherwise, the appeal shall be entered as appeals are entered from the probate court to the superior court, provided that the defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds in criminal cases. The appeal to the superior court shall not be a de novo investigation before a jury but shall be on the record of the hearing as certified by the judge of that court who presided at the hearing below.
History
Ga. L. 1937-38, Ex. Sess., p. 558, § 10; Ga. L. 1986, p. 982, § 15; Ga. L. 2022, p. 767, § 2-31/HB 916; Ga. L. 2024, p. 201, § 9/SB 450, effective April 22, 2024.
Amendments
The 2024 amendment, effective April 22, 2024, substituted “subsections (b), (c), and (d)” for “subsections (b) and (c)” in the second sentence.
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)-pdf.pdf, Volume V29, 2018 edition, 2025 supplement, page 114; merge action: replaced; file SHA-256 6fa67a38989e.