2021 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 13 - Prosecution of Traffic Offenses
Article 1 - Uniform Traffic Citation and Complaint Form
§ 40-13-1. Form to Be Developed by Commissioner of Driver Services; Function; Identifying Number

Universal Citation: GA Code § 40-13-1 (2021)

The commissioner of driver services shall develop a uniform traffic citation and complaint form for use by all law enforcement officers who are empowered to enforce the traffic laws and ordinances in effect in this state. Such form shall serve as the citation, summons, accusation, or other instrument of prosecution of the offense or offenses for which the accused is charged, and as the record of the disposition of the matter by the court before which the accused is brought, and shall contain such other matter as the commissioner shall provide. Each such form shall have a unique identifying number which shall serve as the docket number for the court having jurisdiction of the accused.

(Ga. L. 1972, p. 1148, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 2005, p. 334, § 22-1/HB 501.)

OPINIONS OF THE ATTORNEY GENERAL

Purpose of uniform traffic citation.

- Because a citation serves as the formal accusation against a convicted driver, local jurisdictions may transmit traffic ticket information electronically to the Department of Public Safety, but not as a substitute for sending the citation copy. The uniform traffic citation must also be forwarded to the department. 1991 Op. Att'y Gen. No. U91-2.

All law officers must use the uniform traffic citation when enforcing traffic laws and ordinances. 1973 Op. Att'y Gen. No. 73-18.

Certification.

- Certification contained within the uniform traffic citation is not required to be sworn to before a judicial officer; an oath administered by a notary public is sufficient. 1985 Op. Att'y Gen. No. 85-5.

There is no statutory requirement for a certification as provided for by the uniform traffic citation. 1985 Op. Att'y Gen. No. 85-5.

Since the certification is part of the citation, it should be completed as near to the time of arrest as possible and at least prior to the filing of the citation with the clerk of court; generally, this should be done within 48 hours of the arrest. 1985 Op. Att'y Gen. No. 85-5.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 141. 20 Am. Jur. 2d, Courts, §§ 51, 52.

C.J.S.

- 60 C.J.S., Motor Vehicles, § 29 et seq.

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