Action as Sureties Upon Guaranteed Arrest Bond Certificates; Acceptance of Certificates

  1. Law
  2. Georgia Code
  3. Insurance
  4. Insurance Generally
  5. General Provisions
  6. Action as Sureties Upon Guaranteed Arrest Bond Certificates; Acceptance of Certificates

Checkout our iOS App for a better way to browser and research.

  1. Any domestic or foreign insurance company, fidelity insurance company, or surety company which has qualified to transact business within this state may contract to become surety, in an amount not to exceed $1,000.00 each, for any guaranteed arrest bond certificates issued by an automobile club or association or by a trucking club or association by filing with the Commissioner a certificate thus to become surety.
  2. The certificate shall be in a form which shall be prescribed by the Commissioner and shall state:
    1. The name and address of the automobile club or clubs or automobile association or associations or of the trucking club or clubs or trucking association or associations issuing the guaranteed arrest bond certificates of which the company undertakes to be surety; and
    2. The unqualified obligations of the company undertaking to become surety to pay the fine or forfeiture, in an amount not to exceed $1,000.00, of any person who fails to make an appearance to answer to the charges for which said guaranteed arrest bond certificate is posted.
  3. Any guaranteed arrest bond certificate to which an insurance, fidelity insurance, or surety company has become surety, as provided for in this Code section, shall, when posted by the person whose signature appears thereon, be accepted, in lieu of cash bail or other bond in an amount not to exceed $1,000.00, as a bail bond to guarantee the appearance of the person in any court in this state, including all municipal courts in this state, at such time as may be required by the court when the person is arrested for violation of any motor vehicle law of this state, including, but not limited to, violations regarding the size, weight, or height of vehicles, improperly licensed vehicles, improper identification devices, safety infractions, and faulty equipment or pollution control devices, or any motor vehicle ordinance of any municipality in this state except for the offense of driving under the influence of intoxicating liquors or drugs or for any felony. Any guaranteed arrest bond certificates so posted as bail bond in any court in this state shall be subject to the forfeiture and enforcement provisions with respect to bail bonds in criminal cases as provided by law. Any guaranteed arrest bond certificate posted as a bail bond in any municipal court of this state shall be subject to the forfeiture and enforcement provisions of the charter or ordinance of the particular municipality pertaining to bail bonds.

(Code 1933, § 56-2438, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1983, p. 695, § 1; Ga. L. 1991, p. 794, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Law enforcement officials must accept guaranteed arrest bond certificate when offered in compliance with this section. 1960-61 Op. Att'y Gen. p. 102.

Bonds guaranteed by noncomplying companies.

- Court is not compelled to accept bonds guaranteed by companies which have not complied with this section. 1965-66 Op. Att'y Gen. No. 65-67.


Download our app to see the most-to-date content.