As a Georgia DUI Lawyer, I write frequently about how the majority of the time, a Georgia DUI arrest tends to start with a basic traffic violation. A police officer has to have a reason for conducting a DUI investigation.
The reality is that without a basis for a stop in your Georgia DUI Case, a prosecutor cannot prove the case against the accused person.
In today's post, I will focus on a few of the most common DUI Related Traffic Offenses in Georgia.
Failure to Maintain Lane in Georgia
The offense of Failure to Maintain Lane in Georgia comes from a violation of Georgia Law. Georgia Law defines how drivers legally drive on roadways divided into two or more clearly marked lanes for traffic.
The Georgia Code defines this in O.C.G.A. §40-6-48 as:
(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.
Illegal Left Turn in Georgia
The offense of Illegal Left Turn in Georgia comes from another violation of Georgia Law. Georgia Law defines how drivers legally make left turns on roadways.
The Georgia Code defines this in O.C.G.A. §40-6-21 as:
Drivers facing a circular green signal may drive straight through or turn right or left unless a sign at such place prohibits either such turn. Drivers facing a circular red signal may make a left-turn from the left-hand lane of a one-way street onto a one-way street on which the traffic moves toward the driver's left but shall stop and remain stopped for pedestrians and yield the right of way to other traffic proceeding as directed by the signal at such intersection. The law prohibits making a left turn at a red light at any intersection where a sign is erected prohibiting such left turn.
Violating Headlight Requirements in Georgia
The offense of violating Headlight Requirements in Georgia comes from yet another violation of Georgia Law dictating when headlights are required by law to use.
The Georgia Code defines this in O.C.G.A. §40-8-20 as:
Drivers in Georgia must display their headlights at any time from half-hour after sunset to a half-hour before sunrise, when it is raining in the driving zone, and at any other time when there is not sufficient visibility to render clearly discernible persons or vehicles on the highway at a distance of 500 feet ahead.
In many cases, a successful defense to the traffic violation itself is the best plan of action. Successfully defending the traffic violation can result in the collapse of the probable cause that supports the stop of your vehicle. This means a successful defense of the DUI charge. Without probable cause, the state of Georgia cannot prosecute your case.
If you or a loved one has been charged with a DUI in Georgia, contact us a today. Your best defense starts with a Georgia DUI Attorney. We will investigate your case and utilize the most applicable Georgia DUI Defenses.