Tractor Trailer Crash Reported on I-285

As of right now, no charges have been filed in the following situation. However, charges typically come after a thorough investigation by police officers and investigators. According to reports out of DeKalb County, a tractor trailer crashed into a median on I-285 W causing some serious delays in traffic last week.

As a Georgia DUI Lawyer, I will outline the offense of failure to maintain lane as it appears that might have been what occurred if a traffic offense is ultimately charged to the driver of the tractor trailer.

Failure to Maintain Lane in Georgia

Failure to Maintain Lane in Georgia is technically a violation of O.C.G.A. § 40-6-48. This law is known by Georgia Law in the chapter for Uniform Rules of the Road. The specific portion is driving on roadways lane for traffic. According to the law:

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.

Practice Note

Failure to maintain lane is typically a predicate crime to DUI in Georgia. When a driver is accused of failing to maintain his or her lane, officers see that as an example of less safe driving (even though that is not always the case and the act of failing to maintain lane was actually ascertained by the driver as safe). This example of less safe driving can lead to a DUI investigation quite rapidly.

If you or a loved one was pulled over for a minor traffic violation which resulted in charges of driving under the influence in Georgia, contact our offices now. A Georgia DUI Attorney can help you with your case and determine which defenses may apply. Call now.