Failure to Maintain Lane and DUI in Georgia

Posted by Richard Lawson | Feb 18, 2018 | 0 Comments

When a person receives a DUI in Georgia, there is usually another traffic offense. This is because a police officer has to have a reason for pulling you over. Our team of lawyers are experienced in DUI Defense in Georgia, which includes any traffic offenses related to your DUI charges. 

The most common reason for a person being stopped and questioned about driving under the influence is failure to maintain lane in Georgia. Without an actual basis for a stop in your Georgia DUI Case, a prosecutor cannot prove the case against the accused person. Many judges agree with prosecutors that even touching the fog line is considered failure to maintain lane. 

Interestingly enough, the alleged failure to maintain lane is just weaving within a driver's lane, which is legal. Even further than that, a driver is actually entitled to weave outside of his or her lane if he or she ascertains that is safe to do. 

A failure to maintain lane charge comes from violation of O.C.G.A. §40-6-48 which defines driving on roadways laned for traffic. 

Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent with this Code section, shall apply:

“(1) 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;

(2) Upon a roadway which is divided into three lanes, and provides for two-way movement of traffic, with two lanes in one direction, a vehicle being driven in a continuous or center lane shall have the right of way when overtaking and passing another vehicle traveling in the same direction;

(3) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices or road striping;

(4) Official traffic-control devices may be erected directing specified traffic, including but not limited to buses or trucks, to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such device;

and (5) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device.”

A top-rated Georgia DUI Attorney will know how to make the statute work to your advantage and how to best fight your failure to maintain lane charge. If you are charged with a DUI in Georgia and failure to maintain lane, contact us today.

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Richard Lawson

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