---
title: O.C.G.A. § 40-13-53. Release of arrested person upon service of citation and complaint.
collection: code
id: 40-13-53
cite_as: O.C.G.A. § 40-13-53 (2025)
canonical_url: https://georgiacommons.org/code/40-13-53
md_url: https://georgiacommons.org/code/40-13-53.md
text_url: https://georgiacommons.org/code/40-13-53/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch6-16-(v29)-2018-pdf.pdf?sfvrsn=97c394d6_0#page=651
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.
up: https://georgiacommons.org/code/40-13.md
previous: https://georgiacommons.org/code/40-13-52.md
next: https://georgiacommons.org/code/40-13-54.md
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: MOTOR VEHICLES AND TRAFFIC / PROSECUTION OF TRAFFIC OFFENSES / TRAFFIC VIOLATIONS BUREAUS
---

# O.C.G.A. § 40-13-53. Release of arrested person upon service of citation and complaint.

(a) Subject to the exceptions set out in subsection (b) of this Code section, any officer who arrests any person for the violation of a traffic law or traffic ordinance alleged to have been committed outside the corporate limits of any municipality shall permit such person to be released upon being served with a citation and complaint and agreeing to appear, as provided in this article. If such officer has reasonable and probable grounds to believe that the person will not obey such citation and agreement to appear, the officer may require such person to surrender his driver’s license in accordance with Code Section 17-6-11.

(b) The following offenses shall not be handled or disposed of by a traffic violations bureau:

(1) Any offense for which a driver’s license may be suspended by the commissioner of driver services;

(2) Any motor vehicle registration violation;

(3) A violation of Code Section 40-5-20;

(4) Speeding in excess of 30 miles per hour over the posted speed limit; or

(5) Any offense which would otherwise be a traffic violations bureau offense but which arose out of the same conduct or occurred in conjunction with an offense which is excluded from the jurisdiction of the traffic violations bureau. Any such offense shall be subject to the maximum punishment set by law.

## History

Ga. L. 1966, p. 381, § 3; Ga. L. 1983, p. 1000, § 16; Ga. L. 1992, p. 2785, § 29; Ga. L. 2000, p. 951, § 7A-4; Ga. L. 2005, p. 334, § 22-5/HB 501.