Atlanta, Ga. - According to reports from the weekend, a motorcyclist was thrown from his motorcycle after he rear-ended an SUV on Interstate 20 heading eastbound.
The collision was reported just before 2:00 AM near Hamilton E. Holmes Drive. The motorcyclist was allegedly speeding and driving recklessly which led to the accident. The Atlanta Police Department released the following statement in regards to the incident: “The preliminary investigation indicates an SUV was entering onto I-20 and observed a motorcycle approaching from behind at a high rate of speed. The motorist stated they attempted to avoid the motorcycle. However, the motorcycle struck the rear of the SUV, causing the motorcyclist to be ejected.”
As a Georgia DUI Lawyer, there are many alleged traffic violations that go hand in hand with charges for DUI in Georgia mentioned in the horrible story above. However, in today's post, I will cover the offense of following too closely.
Following Too Closely in Georgia
O.C.G.A. §40-6-49 defines following too closely in Georgia as:
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
(b) The driver of any motor vehicle which is drawing another vehicle when traveling upon a roadway outside of a business or residential district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.
(c) Motor vehicles being driven upon any roadway outside of a business or residential district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This subsection shall not apply to funeral processions, parades, or other groups of vehicles if such groups of vehicles are under the supervision and control of a law enforcement agency.
(d) Vehicles which approach from the rear any other vehicle or vehicles stopped or slowed to make a lawful turn shall be deemed to be following for purposes of this Code section.
Most of the time, a following too closely charged is related to a car accident. It usually involves a rear-end collision. Moreover, when there is an accident with a DUI, the stakes are high.
Moreover, a Following Too Closely conviction adds 3 points to a Driver's License.
Practice Note
DUI cases often involve accidents and other related charges such as following too closely or reckless driving. If you have been arrested for DUI in Georgia, contact our offices now. We can help you with your DUI case today.
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