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Failure to Maintain Lane

About Richard Lawson

Have You Been Cited For Failure to Maintain Lane?

Have You Been Arrested for DUI And Failure to Maintain Lane Is The Reason You Were Pulled Over?

Failure to maintain lane is one of the most common reasons DUI officers site as a basis for a traffic stop that begins a DUI investigation.  Officers often testify to having seen an vehicle touch the fog line, even just one time.  Prosecutors argue that this is the basis for a lawful traffic stop and many judges agree. Without a legitimate basis for the stop in your Georgia DUI Case, the prosecutor cannot prove the case against you. That is why it's so important to have the top-rated Georgia DUI Lawyer on your side.

Our Experience is the Difference:

When failure to maintain lane is the basis for your DUI stop in Georgia, you are in common company.  Failure to maintain lane is the most common reason a person is stopped and questioned about drinking and driving. Many times the alleged failure to maintain lane is merely weaving within a person's lane, which is not illegal.

Richard Lawson is a former Georgia Prosecutor with almost 20 years experience handling DUI Cases in Georgia and all the related offenses such as failure to maintain lane.

In fact, you are entitled to weave outside of your lane if you "first ascertain that it is safe to do so." As a result, there are many potential defenses to the charge of failure to maintain lane in Georgia. If the prosecutor cannot establish the underlying offense of Failure to Maintain Lane, then your entire Georgia DUI charge may be dropped.  Our experienced Georgia DUI Attorneys can help.

This why you should contact an experienced Georgia DUI lawyer today. Our Georgia DUI Lawyers are the top-rated, most reviewed lawyers in Georgia. Our AVVO reviews are the proof that we back-up what we claim.  We are here 24/7 to help.

What is the Failure to Maintain Law in Georgia O.C.G.A 40-6-48?

Georgia law, pursuant to O.C.G.A. 40-6-48 states that when a road has been divided into two or more clearly marked lanes for traffic, a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. A Georgia DUI Attorney knows how to make the statute work to your advantage instead of against your.

The law here is ambiguous as it seems to suggest that so long as it is done safely, it is lawful to fail to maintain one's lane.

In many DUI cases there is a video of the driving and the arrest.  While the officers record these things to help their case, it is often the accused driver who benefits from the evidence preserved on video.  Officers have been known to exacerbate how bad the driving was and the video tape speaks for itself.

If you are charged with a DUI and failure to maintain lane offense, call our law office today to see how we can help you.  We are here 7 days a week, 24 hours a day because your defense and your piece of mind should not wait until Monday morning.  Call us now.

Our Attorneys

  • Richardlawsonportrait
    Richard Lawson

    Richard Lawson has devoted his entire career to DUI Defense. He ex...

  • Duilawyer12320120906-2-tnwejd
    Kimberly A. Berry

    Kimberly Berry has devoted her career to defending people. She is ...

Recent Case Results

  • Client is a business professional who was charged with DUI, failure to maintain her lane and open container. She took a breath test and blew above the legal limit. The client's case was reduced to reckless driving allowing her to keep full driving privileges. She served no additional jail time. C... Read On

  • Client is a police officer.  He was charged with DUI and refused the State breath test. His case was reduced to reckless driving and he received non-reporting probation upon completion of the terms of his sentence.  Read On

  • Client is a nurse. She was charged with DUI which a conviction for would have had great repercussions on her career and possibly her nursing license. The client's case was reduced to reckless driving and her driving privileges remained undisturbed.  Read On


  • First DUI...Thank you again Richard Lawson!

    I got my DUI 3 months ago, I can say that Richard Lawson has helped me more than I would expect from any attorney. He kept me driving and got me the minimum outcome. Every time I contacted him, his response time was instantaneous and every question was always clearly answered. Read On

  • Hire Richard if you need help !! I'm glad I did

    Richard supported me for 2 cases. One was a DUI in which I was informed of a variety of options based on my case. We chose the best ultimate outcome and Richard helped me get the best deal. The second case was more serious and was related to a marijuana posession case with additional charges. This was very worrisome to me based on the potentially very serious penalties. He listened to my side of the story and helped to fashion the right approach. In the end, Richard managed to negotiate a much reduced charge with minimal penalties which enabled me to keep my job and avoid all the serious consequences. I recommend Richard very highly and would call him again if I needed legal representation. Read On

  • Kimberly Berry is a hard working, honest, future saving, SUPERIOR Attorney!

    Our teenager went off to College (August 2012) with a "You don't have to worry about me, I will not get into trouble, I know what I'm doing" attitude. Two MIP's within the first three months and a citation four months later, proved that attitude wrong. After we had a "come to Jesus" discussion with our "know it all" college student, took away pretty much all privileges, and issued a required repayment plan, we then had to find an attorney. Kimberly was a Godsend. We were contacted in less than five minutes of sending an SOS email and she gave us her cell phone number to call at anytime, day or night with any questions or concerns. I have never heard of an attorney that would give out their cell number or allow to you call them anytime. She promptly returned phone calls and emails. She took care of everything, explained all options, advised us, dealt with DA's, judges, clerks, and eased our worries. Kimberly went above and beyond what we expected, kept us constantly informed, delayed the cases to our benefit, and worked tirelessly to save our teen's future. All of which was included in her initial fee! There were no added fees, no minute by minute charges, no paperwork charges, no charges for phone conversations, etc., that most all other attorneys require. I find this miraculous, because we got so much more than our moneys worth - if we calculated all of her hard work, emails, phone calls, court dates, etc., I just do not see how she can charge so little for everything! She is worth so much more. Kimberly is truly amazing!! Our teen now has a clean, clear record for the future, thank God, learned some very hard life lessons, found out parents are right in most things, growing up is not easy, and now is on the right track for success. The bad choices that were made in the first year of college will be erased, and the future is bright again because of Kimberly's successful strategy. I never do reviews, but I had to in this situation, because we are SO thankful that Kimberly represented our teen. No one could have done any better. We have dealt with other attorneys in our business, paid outrageous, ridiculous, overpriced fees by the minute, and never, ever felt they were working for our best interest. Kimberly is so different than all other attorneys. She does care, she works hard, she is honest, always in touch, and absolutely the BEST attorney you could ever have. We are not exaggerating, we were not asked to do a recommendation, we are doing this with sincere gratitude from the bottom of our hearts. Read On

Choosing the Best DUI Lawyer


When you are arrested for DUI in Georgia, finding the right Lawyer is Job #1. At the Law Offices of Richard S. Lawson we will investigate your case and find the best possible legal defense to your DUI in Georgia. You are in good hands with Richard Lawson and his associates. We will work tirelessly to help you while compassionately holding your hand throughout the entire DUI Defense Process.

Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!