2022 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 5 - Drivers’ Licenses
Article 3 - Cancellation, Suspension, and Revocation of Licenses
§ 40-5-57.2. Suspension of License for Reckless Stunt Driving

1. The driver’s license of any person convicted of reckless stunt driving in violation of Code Section 40-6-390.1 shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions:
   1. Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be up to 12 months, provided that such person may apply to the department for early reinstatement of his or her driver’s license at the end of 120 days.  Such license shall be reinstated upon payment of a restoration fee of $210.00, or $200.00 when such reinstatement is processed by mail;
   2. Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that such person may apply to the department for early reinstatement of his or her driver’s license after 18 months from the date of the conviction.  Such license shall be reinstated upon payment of a restoration fee of $310.00, or $300.00 when such reinstatement is processed by mail; and
   3. Upon the third or subsequent conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such person’s license shall be revoked as provided for in Code Section 40-5-58.  A person whose license has been suspended pursuant to this subsection may, if eligible under Code Section 40-5-58, apply for a probationary license pursuant to such Code section.  A driver’s license suspension imposed under this paragraph shall run concurrently with and shall be counted toward the fulfillment of any period of revocation imposed directly under Code Sections 40-5-58 and 40-5-62, provided that such revocation arose from the same act for which the suspension was imposed.
2. Whenever a person is convicted of reckless stunt driving in violation of Code Section 40-6-390.1, the court in which such conviction is entered shall require the surrender of any driver’s license then held by the person so convicted, and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The method of calculating the periods of suspension provided for in this Code section shall be governed by subsection (e) of Code Section 40-5-61.
3. Application for reinstatement of a driver’s license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by the applicable restoration fee.
4. Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person’s license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license or limited permit.  Any person who is convicted of operating a motor vehicle before the department has reinstated such person’s license or before obtaining a limited driving permit or probationary license shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both.

History. Code 1981, § 40-5-57.2 , enacted by Ga. L. 2021, p. 228, § 3/HB 534.

Effective date.

This Code section became effective May 3, 2021. See Editor’s notes for applicability.

Editor’s notes.

This Code section was based on Code 1981, § 40-5-57.2 , enacted by Ga. L. 1998, p. 1658, § 1.

Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: “Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date.”

Ga. L. 2021, p. 228, § 11/HB 534, not codified by the General Assembly, provides that: “This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all offenses committed on and after such date.” This Act was approved by the Governor on May 3, 2021.

Former Code Section 40-5-57.2 , relating to suspension based on violation of Code Section 40-6-255 , and based on Code 1981, § 40-5-57.2 , enacted by Ga. L. 1998, p. 1658, § 1, was repealed by Ga. L. 2015, p. 60, § 4-14/SB 100, effective July 1, 2015.