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Official Code of Georgia Annotated

Title 40. MOTOR VEHICLES AND TRAFFIC · Chapter 5. DRIVERS’ LICENSES · Article 3. CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES

40-5-54. Mandatory suspension of license; notice of suspension.

Active

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

  1. (a)

    The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver’s conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:#

    1. (1)

      Homicide by vehicle, as defined by Code Section 40-6-393;#

    2. (2)

      Any felony in the commission of which a motor vehicle is used;#

    3. (3)

      Hit and run or leaving the scene of an accident in violation of Code Section 40-6-270;#

    4. (4)

      Racing on highways and streets;#

    5. (5)

      Using a motor vehicle in fleeing or attempting to elude an officer; or#

    6. (6)

      Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15.#

  2. (b)

    All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section shall, at the time of sentencing, give notice to the defendant on forms prescribed by the department of the suspension of the defendant’s driver’s license. The period of suspension shall be determined by the department for the term authorized by law. The court shall forward the notice of suspension and the defendant’s driver’s license to the department within ten days from the date of conviction. The department shall notify the defendant of the period of suspension at the address provided by the defendant.#

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. 1939, p. 135, § 10; Ga. L. 1943, p. 196, § 5; Ga. L. 1951, p. 565, § 7A; Ga. L. 1956, p. 543, § 15; Ga. L. 1957, p. 124, § 4; Ga. L. 1964, p. 225, § 3; Ga. L. 1968, p. 430, § 8; Ga. L. 1971, p. 249, § 1; Code 1933, § 68B-305, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1976, p. 1073, § 1; Ga. L. 1983, p. 1000, § 2; Ga. L. 1987, p. 1082, § 1; Ga. L. 1988, p. 897, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 1284, § 1; Ga. L. 1993, p. 940, § 1; Ga. L. 2000, p. 951, § 5-16; Ga. L. 2002, p. 1024, § 4; Ga. L. 2004, p. 749, § 7; Ga. L. 2011, p. 355, § 4/HB 269; Ga. L. 2015, p. 60, § 4-13/SB 100.

Editor's notes

Ga. L. 2002, p. 1024, § 7, not codified by the General Assembly, provides: “This Act shall become effective November 1, 2002; provided, however, that the Act shall be effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of the authority of the commissioner to adopt rules and regulations and to employ staff and expend moneys within the limits of funds appropriated or otherwise made available for such purpose.” Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: “Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date.”

Cross references

Drag racing, § 40-6-186. Laying drags, § 40-6-251.

Law reviews

For article on the effect on receiving government-issued licenses after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979).

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-ch1-5-(v28a)-2024-pdf.pdf, Volume V28A, 2024 edition, pages 576 to 577; merge action: annotated; file SHA-256 991cd8c9db96.