2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 6 - Uniform Rules of the Road
Article 1 - General Provisions
§ 40-6-1. Violations of Chapter a Misdemeanor Unless Otherwise Stated; Maximum Fines for Speed Limit Violations

1. It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.
2. Unless a different maximum fine or greater minimum fine is specifically provided in this chapter for a particular violation, the maximum fine which may be imposed as punishment for a first offense of violating any lawful speed limit established by or pursuant to the provisions of Article 9 of this chapter by exceeding a maximum lawful speed limit:
   1. By five miles per hour or less shall be no dollars;
   2. By more than five but not more than ten miles per hour shall not exceed $25.00;
   3. By more than ten but not more than 14 miles per hour shall not exceed $100.00;
   4. By more than 14 but less than 19 miles per hour shall not exceed $125.00;
   5. By 19 or more but less than 24 miles per hour shall not exceed $150.00; or
   6. By 24 or more but less than 34 miles per hour shall not exceed $500.00.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 23; Code 1933, § 68A-102, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 2001, p. 770, § 1.)

- For surcharges to or apportionment of fines in certain traffic offense cases, §§ 15-21-73,15-21-93,15-21-112,15-21-131,15-21-149,36-15-9,47-11-51,47-14-50,47-16-60, and47-17-60.

Provision that offenses under jurisdiction of traffic violations bureau shall be classified as traffic violations rather than as misdemeanors, § 40-13-60.

- For annual survey of trial practice and procedure, see 56 Mercer L. Rev. 433 (2004). For annual survey on commercial transportation, see 69 Mercer L. Rev. 41 (2017).

JUDICIAL DECISIONS

Legislative intent.

- Legislature has expressly limited the punishment prescribed in Ga. L. 1974, p. 633, § 1. United States v. Walter, 484 F. Supp. 183 (S.D. Ga. 1980).

O.C.G.A. § 40-6-1 cannot be the sole basis for a charge since the statute does not set out any proscribed conduct, but, instead, specifies the penalty for a violation of any provisions in O.C.G.A. Ch. 6, T. 40 which do not provide their own penalty. State v. Nix, 220 Ga. App. 651, 469 S.E.2d 497 (1996).

- State court has jurisdiction over all misdemeanor offenses in county including violations of the Uniform Rules of the Road Act (see now O.C.G.A. § 40-6-1 et seq.). Diamond v. State, 151 Ga. App. 690, 261 S.E.2d 434 (1979).

- Compliance with Georgia's Uniform Rules of the Road, O.C.G.A. § 40-6-1 et seq., did not necessarily demonstrate that a defendant exercised ordinary care; in a case seeking damages for injuries arising from an accident in which an auto struck a parked garbage truck, a trial court did not err in admitting evidence regarding a safer location for the stop of the truck or in refusing to instruct the jury that if the truck's flashing hazard lights were on at the time of the collision then, pursuant to O.C.G.A. § 40-6-203(c), the driver and the employer could not have been found negligent. Sinclair Disposal Serv. v. Ochoa, 265 Ga. App. 172, 593 S.E.2d 358 (2004).

- Interpretation of signs and signals as provided by the manual of the State Highway Board (now State Transportation Board) is not a matter of which the court can take judicial cognizance, nor one which the court can presume that every motorist is familiar with to the extent of imposing penal sanctions for disobedience thereof. Maxwell v. State, 97 Ga. App. 334, 103 S.E.2d 162 (1958).

- Punishment schemes contemplated by O.C.G.A. § 40-6-1 are: (1) punishment for violations of sections that have not "otherwise declared" their own penalties will be as provided for in O.C.G.A. § 17-10-3; and (2) punishment for violations of sections that have criminalized certain acts and prescribed particular punishments will be controlled by the specific penalties imposed by such sections. Chastain v. State, 231 Ga. App. 225, 498 S.E.2d 792 (1998).

- Trial court did not err in sentencing the defendant to a $1,000 fine for speeding in violation of O.C.G.A. § 40-6-181(b)(2) because the defendant did not object to the state's failure to admit certified copies of the defendant's prior convictions, nor did the defendant dispute that the defendant had multiple convictions for traffic violations; when the trial court asked the defendant whether any of the defendant's previous violations occurred while the defendant was operating a motorcycle, the defendant implicitly admitted at least one prior conviction for speeding. Jones v. State, 308 Ga. App. 99, 706 S.E.2d 593 (2011).

- All traffic-control devices placed on the highway are presumed to be placed there by the authority of the State Highway Board (now State Transportation Board). Those which are self-explanatory are such that a violation thereof is a penal offense. Maxwell v. State, 97 Ga. App. 334, 103 S.E.2d 162 (1958).

- Accusation specified that the defendant was charged with exceeding the speed limit on a certain road on a certain day which was sufficient to put the defendant on notice that the defendant was being tried for speeding, O.C.G.A. § 40-6-181(b); greater speeds by specified increment affected only the punishment and were therefore not material allegations to prove the crime of speeding so that the allegation that defendant was traveling 127 mph was not a material averment that had to be proven. Nye v. State, 279 Ga. App. 347, 631 S.E.2d 386 (2006).

- In the absence of any properly placed sign explaining the meaning thereof, the crossing of a yellow line by a motorist to get in the opposite lane of traffic is not of itself a penal offense. Maxwell v. State, 97 Ga. App. 334, 103 S.E.2d 162 (1958).

- Defendant's conviction for failure to keep the defendant's vehicle within a single lane of traffic could not stand; although there was evidence to support the charge, the accusation filed against the defendant stated the wrong road where the violation occurred, and therefore, there was insufficient evidence to convict the defendant of the charge stated in the accusation. Thrasher v. State, 292 Ga. App. 566, 666 S.E.2d 28 (2008).

- Defendant's sentence to serve 12 months for speeding in violation of O.C.G.A. § 40-6-181(b)(2) was within authorized limits; O.C.G.A. § 40-6-1(b) simply sets limits on fines that can be imposed as punishment for a first offense of speeding and the statute does not restrict the available punishment for speeding to a fine. Jones v. State, 308 Ga. App. 99, 706 S.E.2d 593 (2011).

Cited in State v. Edwards, 236 Ga. 104, 222 S.E.2d 385 (1976); Berrian v. State, 139 Ga. App. 571, 228 S.E.2d 737 (1976); Peluso v. State, 147 Ga. App. 266, 248 S.E.2d 546 (1978); Gray v. State, 156 Ga. App. 117, 274 S.E.2d 115 (1980); Pfeiffer v. State, 173 Ga. App. 374, 326 S.E.2d 562 (1985); Ward v. State, 188 Ga. App. 372, 373 S.E.2d 65 (1988); Riddle v. State, 202 Ga. App. 194, 413 S.E.2d 494 (1991); Jones v. State, 258 Ga. App. 337, 574 S.E.2d 398 (2002); Smith v. State, 270 Ga. App. 759, 608 S.E.2d 35 (2004).

OPINIONS OF THE ATTORNEY GENERAL

Official signs.

- Official traffic control signs, such as "Men Working," "Watch for Mowers," and "Survey Party," afford the same legal protection that is afforded by other official traffic control devices. 1970 Op. Att'y Gen. No. 70-55.

All-terrain vehicles operating on the highways of the State of Georgia are governed by the Uniform Rules of the Road, O.C.G.A. § 40-6-1 et seq. 2007 Op. Att'y Gen. No. 2007-3.

RESEARCH REFERENCES

ALR.

- Right or duty to turn in violation of law of road to avoid traveler, or obstacle, 63 A.L.R. 277; 113 A.L.R. 1328.

Use of medical marijuana as defense to driving offense or challenge to search of motor vehicle and occupants, 43 A.L.R.7th Art. 4.