License/privilege to drive revoked for 5 years. In addition to the sanctions imposed upon a third conviction, a defendant who is convicted for a fourth violation under O.C.G.A. §40-6-391 while declared and served as a Habitual Violator will be subject to the charges of Felony With a Vehicle and DUI, to include the seizure of the automobile used in the commission of the offense of DUI. O.C.G.A. §40-6-391 As provided in O.C.G.A. §40-6-391.2, the procedures for the confiscation of the vehicle must be implemented by the district attorney’s office; therefore, these cases should be placed in the respective superior court.
The arresting Atlanta agency, upon verifying that the driver has met these requirements for a DUI, shall declare the vehicle as contraband. Within twenty days from the date of seizure, this vehicle must be relinquished to the district attorney’s office. The district attorney has no more than 60 days from the seizure to initiate the condemnation procedures as provided in this code section.
In any case where a vehicle is the only family vehicle, is determined to be subject to forfeiture, the court in Atlanta may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the State from such forfeiture, order the title of the vehicle transferred to such other family member who is a duly licensed operator. The interest of an owner, lessee, security interest holder, or lien-holder shall not be subject to forfeiture unless the condemner shows by a preponderance of evidence that such person knew, or reasonably should have known, that the operator was a habitual violator as set forth in this section and knew, or reasonably should have known, that such person would operate or was operating the vehicle while in violation of O.C.G.A. §40-6-391.
Proceeds of Sale
The proceeds arising from such sale shall be deposited into the general treasury of the State or any other governmental unit whose law enforcement agency it was that originally seized the vehicle. It is the intent of the General Assembly that, wherever possible, proceeds deposited into the State treasury should be used and that proceeds vested in any local governmental unit shall be applied to fund alcohol or drug treatment, rehabilitation, and prevention and education programs, after making the necessary expenditures for:
Any costs incurred in the seizure;
The costs of the court and its officers; and
Any cost incurred in the storage, advertisement, maintenance, or care of the motor vehicle.
Endangering a Child During the Commission of Driving Under the Influence O.C.G.A. §40-6-391(l). A person who violates this Code section while transporting, in a motor vehicle, a child under the age of 14 years is guilty of the separate DUI offense of endangering a child by driving under the influence of alcohol or drugs. The DUI offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the DUI offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. A DUI offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.
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