GEORGIA CODE (Last Updated: August 20, 2013) |
Title 40. MOTOR VEHICLES AND TRAFFIC |
Chapter 13. PROSECUTION OF TRAFFIC OFFENSES |
Article 2. ARRESTS, TRIALS, AND APPEALS |
Section 40-13-33. Limitation on habeas corpus challenge of misdemeanor traffic conviction
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- (a) Any challenge to a misdemeanor conviction of any of the traffic laws of this state or the traffic laws of any county or municipal government which may be brought pursuant to Chapter 14 of Title 9 must be filed within 180 days of the date the conviction becomes final.
(b) Any challenge to a conviction specified in subsection (a) of this Code section which became final before March 28, 1986, must be filed within 180 days following March 28, 1986.
(c) When the commissioner of driver services is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County.
(d) Failure to file the challenge within the time prescribed in this Code section shall divest the court of jurisdiction.
Code 1981, § 40-13-33, enacted by Ga. L. 1986, p. 444, § 1; Ga. L. 1992, p. 2785, § 29; Ga. L. 2000, p. 951, § 7A-3; Ga. L. 2005, p. 334, § 22-4/HB 501.