Jurisdiction in Cases of Operating Motor Vehicle Without Effective Insurance; Retention of Fines and Bond Forfeitures; Transfer of Cases

  1. Law
  2. Georgia Code
  3. Local Government
  4. Municipal Courts
  5. General Provisions
  6. Jurisdiction in Cases of Operating Motor Vehicle Without Effective Insurance; Retention of Fines and Bond Forfeitures; Transfer of Cases

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  1. The municipal court of each municipality is granted jurisdiction to try and dispose of cases where a person is charged with a misdemeanor under Code Section 40-6-10 of knowingly operating or knowingly authorizing the operation of a motor vehicle without effective insurance of such vehicle or without an approved plan of self-insurance as required by Chapter 34 of Title 33, the "Georgia Motor Vehicle Accident Reparations Act," if the offense occurred within the corporate limits of such municipality. The jurisdiction of each such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
  2. Any fines and bond forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality.
  3. Any defendant charged with a misdemeanor under Code Section 40-6-10 in a municipal court shall be entitled on request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
  4. Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter.

(Ga. L. 1974, p. 113, § 14; Ga. L. 1978, p. 1369, § 1; Code 1981, §36-32-7, enacted by Ga. L. 1985, p. 891, § 2; Ga. L. 1987, p. 3, § 36; Ga. L. 1991, p. 94, § 36; Ga. L. 1992, p. 6, § 36; Ga. L. 2015, p. 693, § 3-32/HB 233.)

Editor's notes.

- The provisions of this Code section previously appeared in substantially similar form in subsections (b) through (d) of Code Section 33-34-12, which subsections were deleted by Ga. L. 1985, p. 891, § 1.

Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on 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).


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