Seizure and Civil Forfeiture of Motor Vehicle Operated by Habitual Violator

1. Law
2. Georgia Code
3. Motor Vehicles and Traffic
4. Uniform Rules of the Road
5. Serious Traffic Offenses
6. Seizure and Civil Forfeiture of Motor Vehicle Operated by Habitual Violator

1. Any motor vehicle operated by a person who has been declared a habitual violator for three violations of Code Section 40-6-391, whose license has been revoked, and who is arrested and charged with a violation of Code Section 40-6-391 is declared to be contraband and subject to forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9.
2. In any case where a vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the state from such forfeiture, order the title to the vehicle transferred to such other family member who is a duly licensed operator and who requires the use of such vehicle for employment or family transportation purposes. Such transfer shall be subject to any valid liens and shall be granted only once.

(Code 1981, §40-6-391.2, enacted by Ga. L. 1991, p. 1896, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2015, p. 693, § 3-24/HB 233.)

Cross references.

- Surrender of license plates of habitual violators, § 40-2-136.

Habitual violators, § 40-5-58.

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). For note on the 1991 enactment of this Code section, see 8 Ga. St. U.L. Rev. 129 (1992).

JUDICIAL DECISIONS

Forfeiture of parent's vehicle for crime of child.

- Forfeiture of appellant parent's vehicle after the parent's child, a habitual offender, was arrested for driving the vehicle without a license, driving under the influence of alcohol, and leaving the scene of an accident was not clearly erroneous since: (1) the harshness of the penalty was considered, but forfeiture was expressly provided for by statute; (2) the vehicle was the instrumentality used by the child to commit the offense which led to the forfeiture and, therefore, was close enough to the offense to render the vehicle "guilty"; and (3) while it was not apparent how frequently the child drove the parent's car, it was clear that the child was driving the vehicle at the time of arrest. Frank v. State, 257 Ga. App. 164, 570 S.E.2d 613 (2002).

OPINIONS OF THE ATTORNEY GENERAL

"Director" in subsection (c) is surplusage.

- Term "director" in O.C.G.A. § 40-6-391.2(c) is mere surplusage without significance in this context. 1992 Op. Att'y Gen. No. U92-8.

Cost of storage at commercial facility.

- District attorney, as the state official responsible for initiating forfeiture proceedings and to whom the vehicle is delivered, is responsible for storage costs if the vehicle is stored at a commercial vehicle storage facility, although proceeds from this and other forfeitures may be used for payment of these costs. 1992 Op. Att'y Gen. No. U92-8.

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