What Constitutes Failure to Maintain Lane in Georgia?

Posted by Richard Lawson | Jul 09, 2018 | 0 Comments

There are plenty of related offenses to DUI in Georgia. These can range from open container in Georgia to the initial traffic offenses. Nine times out of ten there is an initial traffic stop which leads to an officer investigating the driver for DUI.

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 case against the accused person. 

Common traffic violations related to Georgia DUI include:

These are just a few of the common traffic violations - the most common is failure to maintain lane in Georgia. As a Georgia DUI Lawyer, I will focus today's post on failure to maintain lane and the law behind it.

Failure to Maintain Lane in Georgia

In §40-6-48 of the Georgia Code, there are provisions 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. 

Practice Note

Interestingly enough, most of the time, the alleged failure to maintain lane is just weaving within a lane, which is 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.

This is where we step in. As Georgia DUI Attorneys, 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 plenty of DUI Defenses in Georgia that when properly utilized can prevent the prosecution from successfully establishing that an accused driver failed to maintain lane. When this is done successfully, the entire DUI case may end up being dropped.

If you or a loved one is charged with a DUI in Georgia and failure to maintain lane, contact us today. We know how to make the statute work to your advantage and properly defend your case.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!