An alleged DUI driver was sent to Grady after crashing into the front of an apartment building on Lenox Road in Buckhead. The entire intersection was closed down as a result of the accident.
The unidentified driver was then arrested on charges of failure to maintain lane and DUI in Georgia.
As a Georgia DUI Lawyer, I often stress how DUI cases are typically accompanied with a related offense. In this case, the related offense was failure to maintain lane.
Failure to Maintain Lane in Georgia
Failure to maintain lane in Georgia is defined by the Georgia Code in O.C.G.A. §40-6-48 as:
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.
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.
Even though the law mentioned above is rather vague, officers often testify to having seen a vehicle touch the fog line, even just one time. Prosecutors argue that this is the basis for a lawful traffic stop and many judges here in Georgia seem to agree.
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.
However, without a legitimate basis for the stop in a Georgia DUI Case, the prosecutor cannot prove the case.
If you are charged with a DUI in Georgia, then contact us today. If convicted with DUI, you are facing extremely strict Georgia DUI Penalties. These penalties can include:
- 12 months of probation
- A minimum fine of $300 plus court costs and surcharges
- Between 1 - 10 days in jail, which many times can be waived
- At least 40 hours of community service
- Substance abuse counseling
- Attendance of the DUI Risk Reduction School (commonly referred to as DUI School)
- Attendance of a Madd Mothers Victim Impact Panel
- Drivers License Suspension, with a limited permit to drive
If you are charged with a DUI and failure to maintain lane offense, then you will be facing even harsher consequences. Contact a Georgia DUI Attorney today.