2021 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 13 - Prosecution of Traffic Offenses
Article 2 - Arrests, Trials, and Appeals
§ 40-13-26. How Sentences for Traffic Offenses Served; Disposition of Fines and Costs; Definition of "Urban Interstate System"

1. Defendants who plead guilty or who are convicted under this article shall be required to serve their sentences in such manner as is provided for by law in misdemeanor cases. In case a fine is imposed and paid, the officers of court, where on fee basis, shall first be paid their costs arising in such case. After the payment of all costs, the remainder of such fine shall be paid into the county treasury in the event the case is disposed of by the probate court; if the case is disposed of by the municipal court of an incorporated municipality, the remainder of such fine or fines shall be paid into the treasury of the municipality where the court is located, except that where such courts have jurisdiction beyond the corporate limits of a municipality, and the offense occurs outside the municipality, the fine shall be paid into the county treasury; provided, however, that in any case where a fine was imposed for violation of any traffic offense provided in or authorized by Chapter 6 of this title on any "urban interstate system" if the arrest or citation in such case was made or issued by a member of the Uniform Division of the Department of Public Safety's motorcycle enforcement unit, the remainder of such fine shall be remitted to the Department of Public Safety for the maintenance and enhancement of the Department's motorcycle program. The judge of the probate court or the person presiding over the municipal court must pay into the county treasury, municipal treasury, or Department of Public Safety by the fifteenth day of each month the remainder of all fines for the preceding month. Such payment must be accompanied by a list showing the name of the defendant in each case, the fine imposed in each case, the costs in each case and to whom paid, and the balance which is being paid into the treasury. The official making such payment must be given a written receipt by the person receiving the payment. No officer receiving a salary will receive any fees for arresting or attending court in any case arising under this article, but the usual fees must be assessed, and, if the arresting officer is not entitled to the costs, they must go to the county or city to which the fine is paid or Department of Public Safety as required by this Code section.
2. As used in this Code section, the term "urban interstate system" means a portion of the national system of interstate and defense highways which:
   1. Is located entirely within any part of this state; and
   2. Includes a single numbered interstate highway which forms a closed loop or perimeter.

      Where these conditions exist, the urban interstate system shall consist of the interstate highway constituting the closed loop or perimeter and all interstate highways or portions thereof located within such loop or perimeter, not including any portion of any interstate highway outside of the loop or perimeter.

(Ga. L. 1937-38, Ex. Sess., p. 558, § 7; Ga. L. 1953, Jan.-Feb. Sess., p. 416, § 1; Ga. L. 1953, Nov.-Dec. Sess., p. 207, § 1; Ga. L. 1985, p. 149, § 40; Ga. L. 1987, p. 3, § 40; Ga. L. 2006, p. 159, § 2/HB 1209.)

- Sentence and punishment generally, T. 17, C. 10.

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.

Punishment for misdemeanor traffic offenses generally, § 17-10-3.

Maximum fines for certain offenses, § 40-6-1.

- Pursuant to Code Section 28-9-5, in 2006, "Code section" was substituted for "subsection" in the introductory language of subsection (b).

- Ga. L. 2006, p. 159, § 3/HB 1209, and amended by Ga. L. 2010, p. 105, § 2-1/HB 981, not codified by the General Assembly, as amended by Ga. L. 2007, p. 47, § 15A/SB 103, and amended by Ga. L. 2010, p. 105, § 2-2/HB 981, provides: "This Act shall become effective on July 1, 2006."

Sheriff has right to costs for making arrest, even though the arrest is made contrary to the policy of the law that the person who makes the affidavit upon which a warrant is issued should not make the arrest thereunder. Cooper v. Lunsford, 203 Ga. 166, 45 S.E.2d 395 (1947).

- Georgia L. Ex. Sess., 1937-38, p. 558, authorizes the establishment of an insolvent cost fund for the benefit of the officers of courts of ordinary (now probate court). Cooper v. Lunsford, 203 Ga. 166, 45 S.E.2d 395 (1947).

- Law contemplates that an officer having a claim against an insolvent costs fund should present an itemized statement of the costs before being approved. When it is agreed, however, that the sheriff had performed a service for each item for which the sheriff has received costs from the court of ordinary (now probate court), the sheriff's failure to file a written itemized costs bill should not operate as a forfeiture of such costs as the sheriff had received, or the sheriff's right to participate in an insolvent costs fund. Cooper v. Lunsford, 203 Ga. 166, 45 S.E.2d 395 (1947).

- Probate judge who told criminal defendants that the defendants had the burden of proving their innocence, who allowed defendants to "buy out" their community service sentences and kept the proceeds in a bank account that the judge controlled, participated in ex parte communications, insulted and abused parties in the judge's court, and disposed of cases outside the jurisdiction of the probate court, was found in violation of Ga. Code Jud. Conduct Canons 1, 2, and 3, Ga. Const. 1983, Art. VI, Sec. VII, Para. VII(a), and O.C.G.A. §§ 16-10-32 and40-13-26, was removed from office and barred from seeking judicial office again. Inquiry Concerning Fowler, 287 Ga. 467, 696 S.E.2d 644 (2010).

OPINIONS OF THE ATTORNEY GENERAL

State highway patrolman's claim for fees.

- State highway patrolman is not entitled to fees for the performance of the patrolman's duties in criminal cases of whatever type the duties may be. 1948-49 Op. Att'y Gen. p. 49.

Ga. L. 1937-38, Ex. Sess., p. 558, § 7 (see now O.C.G.A. § 40-13-26) authorizes establishment of an insolvent cost fund for the benefit of the officers of the probate court. 1958-59 Op. Att'y Gen. p. 48.

- Municipality cannot collect and retain fines resulting from cases transferred from municipal court to superior court pursuant to O.C.G.A. § 40-13-23 since fines imposed by the superior court must be paid into the county treasury. 1984 Op. Att'y Gen. No. U84-44.

Since O.C.G.A. §§ 15-21-2 and15-21-52 mandate that all fines collected by county courts be paid into the county treasury, a municipality and county cannot contract to provide for the division of moneys received as fines by the superior court from cases transferred under O.C.G.A. § 40-13-23. 1984 Op. Att'y Gen. No. U84-44.

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Costs, §§ 1, 93 et seq.