2019 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 13 - Prosecution of Traffic Offenses
Article 2 - Arrests, Trials, and Appeals
§ 40-13-32. Restrictions on ability of courts to change or modify traffic law sentences or judgments

• (a) No court having jurisdiction over cases arising out of the traffic laws of this state or the traffic laws of any county or municipal government shall change or modify a traffic law sentence or judgment rendered pursuant to a conviction, plea of guilty, or plea of nolo contendere after 90 days from the date of judgment, except for the purpose of correcting clerical errors therein, unless there is strict compliance with all of the following requirements:

  • (1) A motion to change or modify the sentence or judgment is made by the defendant to the court rendering the judgment;

  • (2) Notice, including a copy of the motion and rule nisi, is given to the prosecuting official who brought the original charge at least ten days prior to the motion hearing; and

  • (3) A hearing is held with opportunity for the state to be heard.

• (b) If the original judgment is changed or modified pursuant to this Code section, the judge shall certify to the Department of Driver Services that such change or modification is a true and correct copy of the change or modification and that the requirements set forth in paragraphs (1) through (3) of subsection (a) of this Code section have been met.

• (c) Except for orders correcting clerical errors, the Department of Driver Services shall not recognize as valid any change or modification order nor make any changes to a driver's history unless such change or modification as submitted to the department is in strict compliance with the requirements set forth in subsections (a) and (b) of this Code section.

• (d) In the case of municipal courts, notice to the city attorney, or to the solicitor in those cases where the municipal court has a solicitor, shall be deemed to be notice as provided for in this Code section.

• (e) In all cases wherein notice is required in this Code section, same shall be deemed sufficient if sent by certified mail or statutory overnight delivery, return receipt requested, with adequate postage thereon, to the correct address of the prosecuting official.

• (f) Notwithstanding other laws and specifically notwithstanding Code Section 17-7-93, a motion to change or modify a traffic law sentence or judgment may, at any time prior to the expiration of the term of court following the term at which judgment and sentence were pronounced or within 90 days of the time judgment and sentence were pronounced, whichever time period is greater, be made by the defendant and accepted by the court as provided in this Code section.

Code 1981, § 40-13-32, enacted by Ga. L. 1984, p. 1144, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 1988, p. 1893, § 4; Ga. L. 1989, p. 14, § 40; Ga. L. 2000, p. 951, § 7A-2; Ga. L. 2000, p. 1589, § 3; Ga. L. 2005, p. 334, § 22-3/HB 501.