Most of the time an initial traffic stop is what leads to an officer investigating the driver for DUI in Georgia. Without an actual basis for a traffic stop, the state of Georgia cannot prove the DUI case against the accused person.
Common traffic violations related to Georgia DUI include:
- Failure to Maintain Lane in Georgia
- Speeding in Georgia
- Following Too Closely in Georgia
- Illegal Passing in Georgia
In today's post and as a Georgia DUI Lawyer, I will focus on the first offense in that line up, which is failure to maintain lane in Georgia. It is one of the most common offenses in a DUI case in Georgia.
Failure to Maintain Lane in Georgia
In the Georgia Code, there are provisions that define how drivers legally drive on Georgia roadways, which are outlined in §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.
The most interesting fact about these provisions and about the charge of failure to maintain lane is that a driver is actually entitled to to weave outside his or her lane if first it is ascertained as safe to do so.
This is why no one should consider themselves doomed if charged with DUI in Georgia. An arrest does not mean you are guilty. If you or a loved one has been arrested for DUI in Georgia, contact a Georgia DUI Lawyer today. There are plenty of DUI Defenses in Georgia that may apply to your case.