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Tractor Trailer Driver Accused of Failure to Maintain Lane After Overturning on Georgia Highway

Posted by Richard Lawson | Nov 12, 2018 | 0 Comments

A driver of a large tractor trailer that overturned on an I-285 exit in Dekalb County was accused of failing to maintain his lane at 1:30 AM this morning. Fortunately, no one was injured, however, it was reported that the driver started swerving and ended up losing control. Traffic was back to normal by rush hour. 

As a Georgia DUI Lawyer, I will outline the offense of failure to maintain lane in today's post.

Failure to Maintain Lane in Georgia

The traffic violation, failure to maintain lane in Georgia, stems from Georgia Law for driving on Georgia roads. 

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.

The laws pertaining to how someone is legally required to drive on roads laned for traffic are in O.C.G.A. §40-6-48.

(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. 

Practice Note

No other charges have been filed against the truck driver in this case. However, if test results show that he was under the influence in any way, he may face a DUI in Georgia. 

As a firm that focuses on DUI Defense in Georgia, we are familiar with handling both traffic violations and DUIs. If you or a loved one has been arrested, contact a Georgia DUI Attorney today.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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