§ 40-5-53 — Surrender of license to court of conviction; report of conviction to department; destruction of license

Georgia § 40-5-53

• Jurisdiction: Georgia
• Title: 40

Text

(a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same to the department, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. Notwithstanding any other provision of this title, the department shall destroy any suspended or revoked drivers' licenses, permits, or identification cards forwarded to it under this or any other provision of law. The department shall issue a new driver's license, permit, or identification card upon satisfaction of the applicable reinstatement requirement, including but not limited to the payment of the applicable reinstatement fee. No additional fee shall be required for the issuance of a replacement driver's license, permit, or identification card. (b) (1) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57 , standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state shall transmit the information contained on the uniform citation form by electronic means, using the electronic reporting method approved by the department. Subject to appropriations by the General Assembly, the department shall pay to the clerk of the court forwarding the required report 40¢ for each report transmitted electronically in a timely manner as required in this subsection; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court. (2) Except as otherwise provided for in paragraphs (3) and (4) of this subsection, a report of any conviction received by the department two or more years after the date of final disposition shall be noted on a person's driving record and such conviction shall be made available in accordance with Code Sections 40-5-2 and 40-5-155 . No such conviction shall result in the suspension of a driver's license, provided that the department determines that two or more years have elapsed since the date the driver's license was surrendered in accordance with the provisions set forth in subsection (e) of Code Section 40-5-61 and no new driver's license was subsequently issued. (3) A report of any conviction for an offense covered under Code Section 40-5-54 , or Code Sections 40-6-390.1 through 40-6-395 , or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-390.1 through 40-6-395 , regardless of the date such report of conviction is received by the department, shall be considered for purposes of revoking a driver's license in accordance with Code Section 40-5-58 . (4) Any report of any conviction, regardless of the date such report of conviction is received by the department, shall be considered for purposes of disqualifying a person's commercial driver's license, commercial driver instruction permit, or commercial driving privileges in accordance with Code Section 40-5-151 .

Legislative History

Amended by 2024 Ga. Laws 701,§ 4, eff. 7/1/2024. Amended by 2021 Ga. Laws 152,§ 2, eff. 5/3/2021. Amended by 2017 Ga. Laws 55,§ 4, eff. 7/1/2017. Amended by 2016 Ga. Laws 449,§ 8, eff. 1/1/2017. Amended by 2010 Ga. Laws 633,§ 10, eff. 7/1/2010. Amended by 2006 Ga. Laws 590,§ 5, eff. 7/1/2006. Amended by 2005 Ga. Laws 68,§ 17-12, eff. 7/1/2005. Amended by 2004 Ga. Laws 521, § 1, eff. 7/1/2004. Amended by 2003 Ga. Laws 238, § 1, eff. 7/1/2003.