(Ga. L. 1955, p. 736, §§ 1, 2; Code 1933, § 68A-1507, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1975, p. 1582, § 4; Ga. L. 1982, p. 1694, §§ 2, 4; Ga. L. 1988, p. 1499, § 2; Ga. L. 1989, p. 14, § 40; Ga. L. 1990, p. 2048, § 5.)
Cross references.- Arrests, Trials, and Appeals for Traffic Offenses, T. 40, Ch. 13, Art. 2.
Law reviews.- For survey article on criminal law and procedure for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 117 (2003).
JUDICIAL DECISIONS
Charging of violation of statute and ordinance interchangeable.
- Any violation of former Code 1933, Ch. 68A and of a local ordinance may, at the discretion of the local prosecutor, be charged as a violation of the state statute or the local ordinance. Diamond v. State, 151 Ga. App. 690, 261 S.E.2d 434 (1979) (decided prior to 1982 amendment; see O.C.G.A. Ch. 6, T. 40).
Prosecutor may select the forum.
- O.C.G.A. § 40-6-376(a) expressly grants the prosecutor the discretion to select the forum. State v. Serio, 257 Ga. App. 369, 571 S.E.2d 168 (2002).
State authorized to seek transfer from municipal to state court.
- Trial court erred in concluding that the state was not authorized to seek transfer from municipal to state court as the prosecutor properly brought a state charge against the defendant and entered a nolle prosequi on the local ordinance violation; the prosecutor was authorized to bring the charges in state court, and the trial court erred in finding otherwise and in transferring the case back to municipal court. State v. West, 258 Ga. App. 269, 574 S.E.2d 365 (2002).
Jurisdiction over traffic offenses.
- Under O.C.G.A. § 40-6-376(a), any violation of state traffic law which is also a violation of a local ordinance may, at the prosecutor's discretion, be charged as a violation of either the state statute or the local ordinance; under O.C.G.A. § 40-6-376(b), if an offense is charged under a local ordinance, but also constitutes a violation of state law, the defendant may request a transfer of the charge from a lower court to "the appropriate state tribunal," and if the defendant makes such a request, a city or recorder's court judge shall bind the defendant's case over to the appropriate state tribunal, after fixing bond and determining whether there was probable cause for arrest. State v. Serio, 257 Ga. App. 369, 571 S.E.2d 168 (2002).
Inapplicable.
- Defendant's offenses were charged as violations of state laws, not local ordinances, so O.C.G.A. § 40-6-376(b) was inapplicable because the defendant waived the defendant's right to a jury trial and jurisdiction was proper in either the recorder's court or the state court. State v. Serio, 257 Ga. App. 369, 571 S.E.2d 168 (2002).
Chapter generally admissible in civil cases.
- As Ga. L. 1974, p. 633 (see now O.C.G.A. Art. 14, Ch. 6, T. 40) did not prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from regulating or prohibiting stopping, standing, or parking, in the course of which local authorities may by reference adopt any or all provisions of former Code 1933, Ch. 68A, and as a violation, which is both a violation of the state traffic regulations, and the city ordinance may be tried in either jurisdiction, there seems no reason why that former chapter should not be generally admissible in civil cases with the burden on the party contending the provision inapplicable to prove any change effectuated by local authorities. Fabian v. Vincent, 155 Ga. App. 464, 270 S.E.2d 858 (1980).
Existence of municipal ordinances must be pled and proved as the court will not take judicial notice of the existence of such ordinances. Hodges v. State, 100 Ga. App. 611, 112 S.E.2d 373 (1959).
Res judicata conviction of either state law or municipal ordinance.
- Conviction of violation of either the state law or municipal ordinance shall constitute res judicata as to the other tribunal for the same offense. Merely because an identical municipal ordinance exists, as to a traffic regulation, the jurisdiction of neither the state nor the municipal court is preempted by the other until there has been a conviction in one of the courts. Hodges v. State, 100 Ga. App. 611, 112 S.E.2d 373 (1959).
Lack of jurisdiction.
- As the focus of a jurisdictional statute was a charge against a specific person, it divested a probate court of jurisdiction over an underlying misdemeanor offense, like reckless driving, when the person was charged with felony vehicular homicide. State v. Perkins, 276 Ga. 621, 580 S.E.2d 523 (2003).
OPINIONS OF THE ATTORNEY GENERALGa. L. 1955, p. 736 was not in conflict with the state Constitution. 1972 Op. Att'y Gen. No. 72-79.
RESEARCH REFERENCES
ALR.
- Liability for accident arising from motorist's failure to give signal for right turn, 38 A.L.R.2d 143.
ARTICLE 15 SERIOUS TRAFFIC OFFENSES
Law reviews.
- For note on the 1994 amendments of Code Sections 40-6-391, 40-6-391.1, and 40-6-392 of this article, see 11 Ga. St. U.L. Rev. 215 (1994). For note on the 1994 amendments of Code Sections 40-6-391.1 and 40-6-395 of this article, see 11 Ga. St. U.L. Rev. 223 (1994). For note on the 1995 amendments of Code sections in this article, see 12 Ga. St. U.L. Rev. 289 and 295 (1995). For note on the 1999 amendments to Code sections in this article, see 16 Ga. St. U.L. Rev. 200 (1999).
JUDICIAL DECISIONS
Unintentional vehicular death generally misdemeanor offense.
- General Assembly excepted vehicular deaths from other forms of involuntary manslaughter and established the offense as a misdemeanor except in cases of reckless driving or vehicular offenses connected with police vehicles. Berrian v. State, 139 Ga. App. 571, 228 S.E.2d 737 (1976).
Cited in Cofer v. Hawthorne, 154 Ga. App. 875, 270 S.E.2d 84 (1980); State v. Osterloh, 342 Ga. App. 668, 804 S.E.2d 696 (2017).
RESEARCH REFERENCESMotor Vehicle Collisions - Agency Relationship, 8 Am. Jur. Trials 1.
Unwitnessed Automobile Accident Cases, 18 Am. Jur. Trials 443.
Litigation of Collision - Caused Automobile Fuel Tank Fire Cases, 23 Am. Jur. Trials 383.
Voir Dire in Low Speed Collision Cases - Plaintiff's View, 96 Am. Jur. Trials 1.
ALR.
- Acquittal or conviction of one offense in connection with operation of automobile as bar to prosecution for another, 172 A.L.R. 1053.
Inference or presumption that owner of motor vehicle was its driver at time of traffic, driving, or parking offense, 49 A.L.R.2d 456.
What constitutes "minor traffic infraction" excludible from calculation of defendant's criminal history under United States sentencing guidelines § 4A1.2(c)(2), 113 A.L.R. Fed. 561.