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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

40-13-33. Limitation on habeas corpus challenge of misdemeanor traffic conviction.

Active

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

  1. (a)

    Any challenge to a misdemeanor conviction of any of the traffic laws of this state or the traffic laws of any county or municipal government which may be brought pursuant to Chapter 14 of Title 9 must be filed within 180 days of the date the conviction becomes final.#

  2. (b)

    Any challenge to a conviction specified in subsection (a) of this Code section which became final before March 28, 1986, must be filed within 180 days following March 28, 1986.#

  3. (c)

    When the commissioner of driver services is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County.#

  4. (d)

    Failure to file the challenge within the time prescribed in this Code section shall divest the court of jurisdiction.#

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

Code 1981, § 40-13-33, enacted by Ga. L. 1986, p. 444, § 1; Ga. L. 1992, p. 2785, § 29; Ga. L. 2000, p. 951, § 7A-3; Ga. L. 2005, p. 334, § 22-4/HB 501.

Code Commission notes

Pursuant to Code Section 28-9-5, in 1987, ‘‘March 28, 1986’’ and ‘‘following March 28, 1986’’ were substituted for ‘‘the effective date of this Code section’’ and ‘‘of the effective date of this Code section’’, respectively, in subsection (b).

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, pages 648 to 649; merge action: carried; file SHA-256 82c1b132c971.