Does Your Georgia DUI Case Involve Following Too Closely and a Car Accident?

Posted by Richard Lawson | May 29, 2018 | 0 Comments

Georgia DUI Laws are complicated – however, they become even more complicated when an accident is a part of a your DUI case.

Today, as a Georgia DUI Lawyer, I will focus on the offense of Following Too Closely and DUI Accidents in Georgia.

Following Too Closely in Georgia

The Georgia Code outlines the expectations the law sets forth on driving and operating a motor vehicle in Georgia. In O.C.G.A. §40-6-49, the law states that:

(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, when someone is charged with Following Too Closely in Georgia, it is because there has been a car accident. If a car accident is a part of your Georgia DUI Case, then you need to contact a top-rated Georgia DUI Attorney as soon as possible.

The stakes are very high with a DUI-accident case. This is because the accident can be used by the state of Georgia to show that the accused driver was driving less safely. The car accident will most likely make it very difficult to negotiate with the prosecution.

Practice Note

As I've written about before, any traffic violation (failure to maintain lane in Georgia, speeding in Georgia, etc.) can be utilized as additional support for the prosecution's argument that you were less safe to drive a vehicle on Georgia roads.

A DUI-accident case may actually increase the Georgia DUI Penalties. In fact, the license suspension period can be increased due to additional charges.

However, we can help. Our goal in cases such as these is to fight the original traffic violation. Our office has over 50 years of combined experience, and our attorneys know how to handle traffic tickets and violations to the best of our ability. Merely being involved in a traffic accident does not mean that you are automatically deemed guilty of DUI in Georgia. Contact us today so that we can help you with your case and apply the best Georgia DUI Defenses in order to defend your freedom.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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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!