§ 15-11-73 - Juvenile traffic offenses; definition; procedure and hearing; disposition; transfer to delinquency calendar; reporting procedure
O.C.G.A. 15-11-73 (2010)
15-11-73. Juvenile traffic offenses; definition; procedure and hearing; disposition; transfer to delinquency calendar; reporting procedure
(a) Definition. Except as provided in subsection (c) of this Code section, a juvenile traffic offense consists of a violation by a child under the age of 17 of:
(1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state or upon the waterways within or adjoining this state; or
(2) Any other motor vehicle traffic law or local ordinance if the child is taken into custody and detained for its violation or is transferred to the juvenile court by the court hearing the charge.
(b) Jurisdiction. Notwithstanding the provisions of Title 40 which grant jurisdiction over traffic court offenses to certain courts, the juvenile court shall have exclusive original jurisdiction over juvenile traffic offenses.
(c) Exceptions. The following offenses shall be delinquent offenses and shall not be handled as juvenile traffic offenses: homicide by vehicle, manslaughter resulting from the operation of a vehicle, any felony in the commission of which a motor vehicle is used, racing on highways and streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a license, hit and run or leaving the scene of an accident, driving under the influence of alcohol or drugs, possession of a controlled substance or marijuana, and any other offense for which driving privileges may be suspended or revoked for an adult.
(d) Nature of offense. A juvenile traffic offense is not an act of delinquency unless the case is transferred to the delinquency calendar as provided in subsection (i) of this Code section.
(e) Procedure. The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile traffic offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this article. These cases shall be filed and heard separately from other proceedings of the court. If the child is taken into custody on the charge, Code Sections 15-11-46 and 15-11-49 shall apply. If the child is, or after commencement of the proceedings becomes, a resident of another county of this state, the court in the county where the alleged traffic offense occurred may retain jurisdiction over the entire case.
(f) Hearing. The court shall fix a time for a hearing and shall give reasonable notice thereof to the child and, if their address is known, to the parents, guardian, or custodian. If the accusation made in the summons, notice to appear, or other designation of a citation is denied, an informal hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear by counsel. The hearing shall be open to the public.
(g) Disposition. If the court finds on the admission of the child or upon the evidence that the child committed the offense charged, it may make one or more of the following orders:
(1) Reprimand, counsel, or warn the child and the child's parents; provided, however, that this dispositional order is not available for any offense listed in subsection (c) of this Code section;
(2) As a matter of probation or if the child is committed to the custody of the state, order the Department of Driver Services to suspend the child's privilege to drive under stated conditions and limitations for a period not to exceed 12 months;
(3) Require the child to attend a traffic school approved by the Department of Driver Services or a substance abuse clinic or program approved by either the Department of Behavioral Health and Developmental Disabilities or the Council of Juvenile Court Judges for a reasonable period of time;
(4) Order the child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense;
(5) Require the child to participate in a program of community service as specified by the court;
(6) Impose any sanction authorized by Code Section 15-11-66, 15-11-67, or 15-11-68; or
(7) Place the child on probation subject to the conditions and limitations imposed by Title 40 on probation granted to adults for like offenses, but such probation shall be supervised by the court as provided in Code Section 15-11-66.
(h) Fines. If a fine is assessed under paragraph (4) of subsection (g) of this Code section, such fine shall be subject to all additions and penalties as specified under this title and Title 47.
(i) Transfer to delinquency calendar. In lieu of the preceding orders, if the evidence indicates the advisability thereof, the court may transfer the case to the delinquency calendar of the court and direct the filing and service of a summons and petition in accordance with this article. The judge so ordering is disqualified, upon objection, from acting further in the case prior to an adjudication that the child committed a delinquent act.
(j) Reporting procedure. Upon finding that the child has committed a juvenile traffic offense or a delinquent offense which would be a violation of Title 40 if committed by an adult, the court shall forward, within ten days, a report of the final adjudication and disposition of the charge to the Department of Driver Services; provided, however, that this procedure shall not be applicable to those cases which have been dismissed or in which the child and the child's parents have been reprimanded, counseled, or warned by the court pursuant to paragraph (1) of subsection (g) of this Code section. The Department of Driver Services shall record the adjudication and disposition of the offense on the child's permanent record and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking the individual's driver's license. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults.