Jurisdiction Over Offenses Under Code Section 40-2-8

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Prosecution of Traffic Offenses
  5. Arrests, Trials, and Appeals
  6. Jurisdiction Over Offenses Under Code Section 40-2-8

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  1. Notwithstanding any provision of the law to the contrary, any person, firm, or corporation charged with an offense under Code Section 40-2-8 may be tried in any municipal court of any municipality if the offense occurred within the corporate limits of such municipality. Such courts are granted the jurisdiction to try and dispose of such cases. The jurisdiction of such courts shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. 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. Any person, firm, or corporation charged with any offense under this Code section shall be entitled to request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred.
  2. 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. 1931, p. 213, § 2; Code 1933, § 68-9901; Ga. L. 1977, p. 1039, § 1; Ga. L. 1987, p. 3, § 40; Ga. L. 2015, p. 693, § 3-32/HB 233.)

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).

OPINIONS OF THE ATTORNEY GENERAL

Probate court is without jurisdiction to try the offense of operating a motor vehicle with expired license tags. 1958-59 Op. Att'y Gen. p. 67.

Former Code 1933, § 68.9901 (see now O.C.G.A. § 40-13-22) was not a traffic law of Georgia, but rather was part of the revenue statutes of the state and hence the probate court would have no jurisdiction to try offenses under such section. 1958-59 Op. Att'y Gen. p. 67.


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