A city councilman of Canton was arrested last month according to reports.
He has been accused of DUI and failure to maintain lane in Georgia. Police reported that he was stopped after allegedly weaving in and out of his lane. He was pulled over and asked to get out of the car and submit to Georgia Field Sobriety Tests. His defense attorney claims that he never consented to the testing and that he was illegally detained.
There are two sides to every story - and as a Georgia DUI Lawyer, I understand just how real and true that phrase is. The reality is that some people who are arrested are not properly arrested or are wrongly accused. This is true especially regarding DUI in Georgia.
Most people are unaware that without an actual basis for a stop in your Georgia DUI Case, the state of Georgia cannot prove the DUI charges against the accused person. Failure to maintain lane is one of the most common alleged reasons for a stop and a subsequent DUI investigation.
Failure to Maintain Lane in Georgia
The Georgia Code outlines provisions in O.C.G.A. §40-6-48 that define how drivers legally drive on Georgia roadways. According to this section, whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following laws 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;
(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.
The truth is that usually the alleged failure to maintain lane is just weaving within a lane, which is actually considered legal. Moreover, a driver is actually entitled to to weave outside his or her lane if first it is ascertained as safe to do so.
We understand the burden of proof that the state of Georgia must meet in order to prove someone guilty of DUI beyond a reasonable doubt. There are Georgia DUI Defenses that can apply to your case. Call us today if you or a loved one has been arrested.