23 LC 39 3529
H. B. 167
- 1 -
House Bill 167
By: Representatives Momtahan of the 17
th
, Corbett of the 174
th
, Gullett of the 19
th
, Gunter
of the 8
th
, Knight of the 134
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to
1
limited driving permits for certain offenders, so as to provide for standards for issuance of2
such permits; to provide for related matters; to repeal conflicting laws; and for other3
purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving7
permits for certain offenders, is amended by revising subsection (a) as follows:8
"(a) To whom issued.9
(1) Notwithstanding any contrary provision of this Code section or Code Section10
40-5-57, 40-5-57.2, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person who has not11
been previously convicted or adjudicated delinquent for a violation of Code Section12
40-6-391 within five years, as measured from the dates of previous arrests for which13
convictions were obtained or pleas of nolo contendere were accepted to the date of the14
current arrest, may apply for a limited driving permit when:
15
(A) That that person's driver's license has been suspended in accordance with:16 23 LC 39 3529
H. B. 167
- 2 -
(A) Code Section 40-5-54.1;17
(i)(B) Subsection (d) of Code Section 40-5-57;18
(ii)(C) Paragraph (1) of subsection (a) of Code Section 40-5-57.2;19
(iii)(D) Paragraph (1) of subsection (a) of Code Section 40-5-63;20
(iv)(E) Paragraph (1) of subsection (a) of Code Section 40-5-67.2; or21
(v)(F) Subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age22
or older and his or her license was suspended for exceeding the speed limit by 24 miles23
per hour or more but less than 34 miles per hour;, and24
(B) The the sentencing judge, in his or her discretion, decides it is reasonable to issue25
a limited driving permit.26
(2) No person who has been granted an exemption from the ignition interlock device27
requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship under28
Code Section 42-8-111 shall be eligible for a limited driving permit, an ignition interlock29
device limited driving permit, or any other driving privilege for a period of one year.30
(3) To the extent a person is subject to more than one suspension for which a limited31
driving permit may be issued, the department shall not issue such permit unless the32
suspensions are for a conviction for driving under the influence in violation of Code33
Section 40-6-391 imposed pursuant to Code Section 40-5-63 and an administrative34
suspension imposed pursuant to paragraph (1) of subsection (a) of Code Section35
40-5-67.2 arising from the same incident."36
SECTION 2.37
All laws and parts of laws in conflict with this Act are repealed.38