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 more than 25 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.