2022 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 13 - Prosecution of Traffic Offenses
Article 2 - Arrests, Trials, and Appeals
§ 40-13-21. General Powers and Jurisdiction of Probate and Municipal Courts; Assistance of the District Attorney or Solicitor
- The probate courts and municipal courts of the incorporated towns and cities of this state, acting by and through the judges or presiding officers thereof, shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence, in the manner required by law, upon defendants violating any and all criminal laws of this state relating to traffic upon the public roads, streets, and highways of this state where the penalty for the offense does not exceed that of the grade of misdemeanor.
- The probate court shall have jurisdiction to issue warrants, try cases, and impose sentence thereon in all misdemeanor cases arising under the traffic laws of this state in all counties of this state in which there is no city, county, or state court, provided the defendant waives a jury trial. Notwithstanding any provision of law to the contrary, all municipal courts are granted jurisdiction to try and dispose of misdemeanor traffic offenses arising under state law except violations of Code Section 40-6-393 and to impose any punishment authorized for such offenses under general state law, whether or not there is a city, county, or state court in such county, if the defendant waives a jury trial and the offense arises within the territorial limits of the respective jurisdictions as now or hereafter fixed by law.
- In any traffic misdemeanor trial, a judge of the probate court, upon his or her own motion, may request the assistance of the district attorney of the circuit in which the court is located or solicitor-general of the state court of the county to conduct the trial on behalf of the state. If, for any reason, the district attorney or solicitor-general is unable to assist, the district attorney or solicitor-general may designate a member of his or her staff to conduct the trial on behalf of the state.
History. Ga. L. 1937-38, Ex. Sess., p. 558, §§ 1-3; Ga. L. 1953, Nov.-Dec. Sess., p. 83, § 2; Ga. L. 1962, p. 3146, § 2; Ga. L. 1971, p. 2299, § 1; Ga. L. 1982, p. 2107, § 44; Ga. L. 1987, p. 3, § 40; Ga. L. 1989, p. 354, § 1; Ga. L. 1989, p. 604, § 1; Ga. L. 1992, p. 909, § 1; Ga. L. 1992, p. 980, § 1; Ga. L. 1996, p. 748, § 21.
Cross references.
Provisions regarding jurisdiction of recorder’s, mayor’s, and other police courts to try traffic offenses, § 40-5-124 .
Editor’s notes.
Ga. L. 1996, p. 748, § 27, not codified by the General Assembly, provides: “Notwithstanding any other provision of law, an Act approved February 11, 1854 (Ga. L. 1854, p. 281), which abolished the office of solicitor of the City Court of Savannah, now the State Court of Chatham County, and transferred responsibility for the prosecution of criminal cases in said court to the solicitor general (now the district attorney) for the Eastern Judicial Circuit is confirmed. It shall be the duty of said district attorney to prosecute all criminal actions in said state court until otherwise specifically provided by law.”
Ga. L. 1996, p. 748, § 28, not codified by the General Assembly, provides: “The provisions of this Act shall not affect the powers, duties, or responsibilities of the district attorney as successor to the office of solicitor general under the constitution, statutes, and common law of this state as provided by Code Section 15-18-1.”
Ga. L. 1996, p. 748, § 29, not codified by the General Assembly, provides: “Except as otherwise authorized in this Act, on and after July 1, 1996, any reference in general law or in any local Act to the solicitor of a state court shall mean and shall be deemed to mean the solicitor-general of such state court.”
Ga. L. 1996, p. 748, § 30, not codified by the General Assembly, provides: “The provisions of paragraph (3) of Code Section 15-18-62, relating to the qualifications for the office of solicitor-general of a state court, shall apply to any person elected or appointed to such office after July 1, 1996. Any person holding such office on July 1, 1996, may continue to hold such office for the remainder of the term to which such person was elected or appointed notwithstanding the fact that such person has not been a member of the State Bar of Georgia for three years if such person is otherwise qualified to hold the office of solicitor-general.”
Law reviews.
For note on the 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 196 (1989).
For survey article on criminal law and procedure for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 117 (2003).
