40-6-48 were supported by sufficient evidence since, when an officer stopped to assist the defendant, whose car was parked on the side of a road, the defendant told the officer that the defendant had driven off the road, the officer found tire marks and a fender in the area where the defendant ran off the road and the defendant's vehicle was missing its left front fender, the officer noticed a strong odor of alcohol on the defendant's breath, the defendant admitted to drinking for over four hours and could not tell the officer how many drinks had been consumed, and the defendant then failed field sobriety tests. O.C.G.A. As an example, if an officer cites you for going 75 mph in a posted 65 mph zone, you may argue that your speed was safe because all of the cars in your lane were also traveling at 75 mph, and thus, it would be unsafe to drive at or below 65 mph. 40-6-48(1). prohibits failure to maintain a lane. Hooray Attorney Miller, I will refer all my friends and family to you! Because the defendant was witnessed crossing the white traffic line on two occasions, the stop of the defendant's vehicle was valid under Ga. Const. For example, in Shlanger v. State, the court found that the fact that the defendants vehicle exited the roadway before coming to rest upside down in an adjacent gore provided enough evidence that the driver failed to maintain their lane. 300.200. All people are presumed innocent until proven guilty in a court of law. Walker v. State, 280 Ga. App. . (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. What exactly does that mean? Vehicle Code 22102 CVC makes it illegal for a person to make a U-turn in a business district, except at an opening where authorized. Driving in marked lanes. The fine is probably a couple hundred dollars. every such device. 89, 653 S.E.2d 368 (2007); Brantley v. State, 290 Ga. App. The driver was subsequently arrested and charged with first-degree vehicular homicide, driving under the influence, and failure to maintain lane. Document all details about how the accident occurred and the resulting damages. Like with CVC 21658, a violation of this law is a traffic infraction. These defenses should be discussed with an attorney at Yeargan & Kert, LLC. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Are there defenses to a Failure to Maintain Lane charge in Georgia? If you have traffic tickets that you would like to discuss with Attorney Scott Miller he is available today for free consultation at 770-408-1001. 40-6-48(1) by weaving between lanes, various factors went beyond an inchoate hunch and amounted to reasonable suspicion of other illegal activity, and prolonging detention for three minutes was not unreasonable. This news blog is provided to you by the Alpharetta, Georgia traffic ticket defense attorney Scott Miller. I got clients crossing gore charge dismissed Dunwoody, GA. Hooray for Attorney Scott Miller! S16C0368, 2016 Ga. LEXIS 118 (Ga. 2016), cert. Even when turning left from a one lane road to a two lane road. | Privacy Policy | Sitemap. Booking Number: LTM03012023. If this is not possible, then you may wish to plead NOLO Contendre (No Contest). You don't need to be weaving through traffic across the road to be cited for this. The police officer gave me a super speeder ticket. 74, 635 S.E.2d 368 (2006). 40-6-123(b) and told the jury that the defendant was charged with improper lane change in violation of that section. Driving on roadways laned for traffic Dispute the Police Officer's Presentation of Evidence In other situations involving an unsafe lane change and either an accident, driving under the influence, or a second citation, retaining the services of skilled legal counsel can prove essential. 108, 668 S.E.2d 540 (2008); Eason v. Dozier, 298 Ga. App. By Name By Charge. Over 100 5-Star Reviews. Georgia for Failure to Maintain Lane. Thats where failure to maintain lane comes into action. Roads are flooded and bridges are washed out. Now Defending You. Accident and injuries will not be circled on the yellow citation you recieve. Under GA law, the following penalties are dictated for first offense DUI convictions and guilty pleas: 1. ARTICLE 1. Here are some examples: Crossing over the center line can form the basis for a citation under O.C.G.A. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, ARTICLE 3 - DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, FOLLOWING TOO CLOSELY. of 1983, Art. 2010 Georgia Code TITLE 40 - MOTOR VEHICLES AND TRAFFIC CHAPTER 6 - UNIFORM RULES OF THE ROAD ARTICLE 3 - DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, FOLLOWING TOO CLOSELY 40-6-48 - Driving on roadways laned for traffic O.C.G.A. 140, 739 S.E.2d 443 (2013); Smith v. State, 324 Ga. App. There existed sufficient evidence to support defendant's convictions for failing to maintain a lane based on the testimony of a police officer who observed the defendant cross one lane to another more than seven times without signaling, which at one point required the officer to swerve to avoid being struck by the defendant's vehicle. More information about this arrest can be found below. On the other hand, assume youre driving down the road, and a wild animal runs out in front of your vehicle. Ivey v. State, 301 Ga. App. Hooray for Attorney Scott Miller! www.lawofficeofscottmiller.com, Driver doing donuts on I-285 shuts down traffic. 668, 804 S.E.2d 696 (2017). See Arsenault v. State, 257 Ga.App. If you are in need of legal assistance regarding a failure to maintain lane or any other traffic violation in Georgia, contact the Law Offices of Scott Miller at 770-408-1001 today. Motor vehicle drivers must also remember that once law enforcement pulls over an individual for failure to maintain lane, the law enforcement officer can then further investigate a DUI. You can explore additional available newsletters here. Evidence that the defendant failed to maintain the vehicle within a single lane when making a wide right turn and then again after completing the turn supported the defendant's conviction for failure to maintain lane. - Because a sheriff's deputy lawfully stopped the defendant for twice crossing the center line in violation of O.C.G.A. Augustin v. State, 260 Ga. App. 2023 Law Office of Scott Miller, All Rights Reserved, Reproduced with Permission. Ins. 40-6-48. Failure to maintain lane in the state of Georgia is a moving traffic violation. 40-6-48. . If you do not see the violation indicated on your citation you may call the Snellville Municipal Court at 770-985-3550. 314, 779 S.E.2d 94 (2015), cert. Please check official sources. 2008)(Unpublished). If you have traffic tickets that you would like to discuss with Attorney Scott Miller he is available today for free consultation at 770-408-1001. Second Offense: $600 tup o $1,000. However, if you moved from your lane and you did not hit another car and there was no accident then how can the ticketing officer say that it was unsafe for you to move? He represented me in Cobb County Court last week for a super speeder ticket. 40-6-123, the trial court properly instructed the jury as to the definition of the standard for strict liability offenses because the state was not required to prove mental fault or mens rea in those offenses; although O.C.G.A. Attorney Scott Miller is available daily for free telephone consultations at 770-408-1001. 40-6-48 is reported to the Georgia Department of Driver Services and points are assessed, as described above. Georgia Code 40-6-26 (a) Tampering with Traffic Signs or Signals (while operating vehicle)- 3 points Georgia Code 40-6-26 (b) Operating Vehicle on Closed Roadway - 3 points Georgia Code 40-6-27 - Tampering with Pavement Markers (while operating vehicle) - 3 points Georgia Code 40-6-40 Improper Lane Usage - 3 points I doubt you will receive the max fine or any jail time. but not limited to buses or trucks, to use a designated lane or designating those Throughout the night these particular officers patrol places known for having clubs and bars that stay open late. Former DUI Prosecutors. 827, 812 S.E.2d 309 (2018). An official website of the State of Georgia. 102, 836 S.E.2d 208 (2019). OCGA Section 40-6-391, subsection (l) is the Georgia code section calling for an additional child endangerment DUI to be added to drunk driving charges, for each child under age 14 that was in the vehicle when the DUI arrest occurred. Because an officer witnessed the defendant driving completely from one side of the lane to the other numerous times, and in doing so the defendant's wheels at least partially crossed over the center of the white line separating the lanes. Many individuals in the state of Georgia assume that failure to maintain a lane citations only arise when individuals are determined to be weaving across the road. Trial court did not err in denying the defendant's motion for new trial on the failure to maintain a lane conviction because the arresting trooper observed the defendant completely travel off the right side of the roadway across the fog line and into the concrete median area, failing to maintain the defendant's lane; and the defendant's failure to maintain a lane conviction was based on the trooper's observation rather than on the admission of the blood alcohol content evidence or any other evidence related to the driving under the influence charges. | https://codes.findlaw.com/ga/title-40-motor-vehicles-and-traffic/ga-code-sect-40-6-48/. Georgia law states that "when a road has been divided into two or more clearly marked lanes for traffic, 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." 5.2. The license penalties for a Failure to Maintain Lane conviction in Georgia. For more information on the points system in Georgia, click here. What are the fines for Failure to Maintain Lane in Georgia? Jenkins v. Gaither, F.3d (11th Cir. Drive carefully between the lanes. 299, 471 S.E.2d 256 (1996); Stepic v. State, 226 Ga. App. Many Georgia citizens assume that failure to maintain lane is weaving all over the road, that's not always the case. Under Georgia law O.C.G.A. the same direction that the vehicle is proceeding and such allocation is designated Two of the most common situations in which failure to maintain lane charges are made include when a driver has recently left a bar or club or during traffic accidents. Evidence was sufficient to sustain a conviction since the arresting officer testified that the officer observed the defendant weave across the road. 65, 679 S.E.2d 89 (2009); Johnson v. State, 300 Ga. App. | Recently Booked | Arrest Mugshot | Jail Booking Home; Search. - Negligence of motorist colliding with vehicle approaching in wrong lane, 47 A.L.R.2d 6. Failure to Maintain Lane is a misdemeanor offense in Georgia. Atlanta, Georgia 30349. This means that the maximum fine is $1,000 plus court costs and fees. Georgia governor Brian Kemp declared a state of emergency for the southern part of metro Atlanta lying below, I-20 In previous cases, Georgia courts have found that there must be evidence that a road was divided into two or more lanes clearly marked for traffic in order for a Failure to Maintain Lane charge to stick. Officer's observation of the defendant's vehicle crossing the fog line three times provided sufficient justification for an initial traffic stop. Article 7. 10, 2008). Scott had helped me previously with a speeding ticket For example, on a simple failure to maintain lane ticket, the maximum fine is $1000.00 and the minimum fine is zero. Its commonly assumed by Georgia citizens that failure to maintain lane is weaving all across the road. This may seem like good fun to the drivers and viewers, however many accidents and deaths have occurred because of this kind of behavior. However, they are frequently charged together as part of a single case. There are many types of situations including driving under the influence of alcohol or drugs during which an individual is initially cited with failing to maintain a lane. These consequences include the following: three points being placed on an individuals drivers license, an increase in an individuals car insurance rate, a maximum of twelve months in jail, and a fine of up to one thousand dollars. denied, No. 2007)(Unpublished). Get free summaries of new opinions delivered to your inbox! - Trial court erred by granting summary judgment to the defendants in a wrongful death action upon concluding that the plaintiffs' decedent was 50 percent or more responsible for the decedent's own death because there was an issue of fact as to whether the decedent would have died but for the presence of the tractor-trailer illegally parked in the emergency lane. Vehicle Code 22108 VC is the California statute that requires motorists to signal before turning or changing lanes. Harridge v. State, 243 Ga. App. www.lawofficeofscottmiller.com. Georgia law states that all vehicles must be driven within a single lane until its driver can safely change lanes. XVI. I, Para. 759, 608 S.E.2d 35 (2004); Dunbar v. State, 283 Ga. App. Improper lane changes are reported to be the fourth most common factor contributing to car accidents in the state of Georgia. 40-6-48, then later read O.C.G.A. Motor vehicle drivers must obey all traffic control devices because failure to obey these devices can result in motor vehicle drivers being deemed at fault.