Title 15, Chapter 11, Section 73
(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 Public Safety 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 conducted by the
Department of Public Safety or a substance abuse clinic or program
approved by either the Department of Human Resources 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
(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 Public Safety;
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 Public Safety 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.