---
title: O.C.G.A. § 40-6-391.2. Seizure and civil forfeiture of motor vehicle operated by habitual violator.
collection: code
id: 40-6-391.2
cite_as: O.C.G.A. § 40-6-391.2 (2025)
canonical_url: https://georgiacommons.org/code/40-6-391.2
md_url: https://georgiacommons.org/code/40-6-391.2.md
text_url: https://georgiacommons.org/code/40-6-391.2/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=369
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.
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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 / UNIFORM RULES OF THE ROAD / SERIOUS TRAFFIC OFFENSES
---

# O.C.G.A. § 40-6-391.2. Seizure and civil forfeiture of motor vehicle operated by habitual violator.

(a) Any motor vehicle operated by a person who has been declared a habitual violator for three violations of Code Section 40-6-391, whose license has been revoked, and who is arrested and charged with a violation of Code Section 40-6-391 is declared to be contraband and subject to forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9.

(b) In any case where a vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the state from such forfeiture, order the title to the vehicle transferred to such other family member who is a duly licensed operator and who requires the use of such vehicle for employment or family transportation purposes. Such transfer shall be subject to any valid liens and shall be granted only once.

## History

Code 1981, § 40-6-391.2, enacted by Ga. L. 1991, p. 1896, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2015, p. 693, § 3-24/HB 233.

## Cross References

Surrender of license plates of habitual violators, § 40-2-136. Habitual violators, § 40-5-58.

## 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).

For note on the 1991 enactment of this Code section, see 8 Ga. St. U.L. Rev. 129 (1992).