A former deputy is out on bond following his arrest in a fatal crash in Paulding County.
The driver was charged with second-degree vehicular homicide in Georgia as well as weaving out of his lane. This crash resulted in the death of a local teacher.
The Georgia State Patrol has alleged that the driver was traveling southbound when he crossed the center line. In Georgia - when a person is accused of DUI in Georgia or Reckless Driving in Georgia in connection to a fatal crash, the alleged at fault driver is looking at strong chances of first degree vehicular homicide charges. When another traffic violation is committed that is believed to have caused the death then it most likely falls into the category of second degree vehicular homicide.
As a Georgia DUI Lawyer, I will outline the predicate offense to the former deputy's most serious charge which is when he allegedly crossed the center line.
Failure to Maintain Lane in Georgia
Failure to Maintain Lane in Georgia is defined by the Georgia Code 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.
To put it simply - the law here is unclear as the statute seems to suggest that so long as it is done safely, it is lawful to fail to maintain one's lane.
Nonetheless, 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 will pull someone over for having seen a vehicle touch the fog line, even just one time.Â
Practice Note
Call our offices today if you or a loved one is facing charges in the state of Georgia regarding serious traffic violations.
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