Título 40. MOTOR VEHICLES AND TRAFFIC · Capítulo 5. DRIVERS’ LICENSES · Artículo 3. CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES
40-5-70. Suspension of license, license tag, and tag registration for operation of vehicle without effective insurance.
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
El texto siguiente es la ley tal como la imprime el estado, en inglés.
- (a)
In addition to any other punishment, the driver’s license of a person convicted under subsection (a), (b), or (c) of Code Section 40-6-10 shall be suspended for a period of 60 days. The person shall submit the driver’s license to the court upon conviction, and the court shall forward the driver’s license to the department. After the 60 day suspension period and when the person provides proof of having prepaid a six-month minimum insurance policy and pays a restoration fee of $210.00 or $200.00 when processed by mail to the department, the suspension shall terminate and the department shall return the person’s driver’s license to such person. For a second or subsequent offense within a five-year period, the suspension period shall be increased to 90 days, and, in addition to the driver’s license, such person’s license tag and tag registration shall also be suspended for a period of 90 days. The restoration fee for a second or subsequent offense within a five-year period shall be $310.00 or $300.00 if paid by mail. The procedures for submission of drivers’ licenses to the court and the forwarding of such licenses to the department shall also apply to license tags and tag registrations.#
- (b)
A hearing of contempt of court shall be scheduled for any person refusing to deliver his motor vehicle driver’s license and, where applicable, motor vehicle license tag and tag registration to the court after a conviction under subsection (a), (b), or (c) of Code Section 40-6-10 and a warrant shall issue for the arrest of such person.#
- (c)
For the purposes of mandatory suspension of a driver’s license for a first violation of subsection (a), (b), or (c) of Code Section 40-6-10, a forfeiture of bail or collateral used to seek a defendant’s appearance in court, the payment of a fine, a plea of guilty, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked. A plea of nolo contendere shall not be considered a conviction under this subsection, but a record of the disposition of the case shall be forwarded by the court to the department for the purposes of counting the plea of nolo contendere as a conviction under subsection (d) of this Code section.#
- (d)
For the purposes of mandatory suspension of a driver’s license, license tag, and tag registration for a second or subsequent violation within a five-year period, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction was obtained, of subsection (a), (b), or (c) of Code Section 40-6-10, a forfeiture of bail or collateral used to seek a defendant’s appearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, a plea of nolo contendere to a previous violation of subsection (a), (b), or (c) of Code Section 40-6-10, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked.#
History
Code 1981, § 40-5-70, enacted by Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 6, § 40; Ga. L. 1992, p. 779, § 23; Ga. L. 2009, p. 679, § 6/HB 160.
Editor's notes
Ga. L. 1990, p. 2048, § 4, effective January 1, 1991, repealed former Code Section 40-5-70, relating to the suspension and reinstatement of driver’s licenses for persons convicted of driving under the influence of alcohol or drugs, incorporated those provisions into Code Section 40-5-63, and enacted present Code Section 40-5-70. Former Code Section 40-5-70 was based on Ga. L. 1983, p. 1000, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 1985, p. 758, § 10; Ga. L. 1989, p. 14, § 40; and Ga. L. 1990, p. 1154, § 3.
Code Commission notes
Pursuant to Code Section 28-9-5, in 1990, “drivers’” was substituted for “driver’s” in the last sentence of subsection (a) and “subsection (d)” was substituted for “subsection (b)” in the second sentence of subsection (c).
Administrative rules and regulations
Reinstatement Procedures for Insurance Suspension, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Driver Services, Driver License Services, Revocation and Suspension, Rule 375-3-3-.16.
Leer la página oficial (el PDF del estado, abierto en la página de la que se leyó este texto).
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
Texto leído de t40-ch1-5-(v28a)-2024-pdf.pdf, Volumen V28A, edición 2024, páginas 696 a 697; acción de fusión: carried; SHA-256 del archivo 991cd8c9db96.