The statute does provide a few exceptions (e.g., when passing a car going in the same direction). When the defendant was charged with failing to maintain defendant's lane in violation of O.C.G.A. You already receive all suggested Justia Opinion Summary Newsletters. Many Officers will cite the "at fault" driver for a violation of a Georgia traffic law. . lanes on sections of roadway, and drivers of vehicles shall obey the directions of n addition to driving carefully, the best way to ensure that a failure to maintain a lane charge does not result in negative consequences is for an individual to retain the services of an experienced DUI attorney. This article serves to explore the meaning of this plea, its effect, who can use it, and when to use it. Individuals who are charged with a DUI and failure to maintain lane, should not hesitate to contact an attorney at Yeargan & Kert so that individuals begin constructing a strong defense in order to respond to such a case. An official website of the State of Georgia. Failure to Maintain Lane | Georgia DUI Lawyer Home Our Firm Areas in Georgia We Serve Attorneys Blog Case Results Contact Georgia DUI Law Dictionary Locations Recommendations Resources Credit Card Payment FAQs Atlanta DUI Attorney Georgia DUI Lawyer Banks County Baldwin GA DUI Lawyer Barrow County Auburn GA DUI Lawyer Statham DUI Lawyer every such device. But as we discussed above there are many different ways a failure to maintain lane violation can affect you as a driver. See Stroud v. State, 344 Ga.App. Walker v. State, 280 Ga. App. By Name By Charge. Because the accusation read to the jury charged an improper lane change, but the jury was twice instructed on the elements of failure to maintain a lane, these inconsistent instructions required reversal of the defendant's improper lane change conviction. - When the defendant did not request a charge on a violation of O.C.G.A. Thats where failure to maintain lane comes into action. Stops for Failure to Maintain lane have been found on multiple occasions to provide adequate probable cause for a traffic stop, including stops that lead to DUI arrests. I am a 25 F and have never had a ticket or any other record in my life. There is no minimum fine. In Georgia, the law says: "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." Yes. I called Attorney Miller when I was released from jail. lanes to be used by traffic moving in a particular direction regardless of the center As a result, failure to maintain lane charges frequently result in an individual receiving more significant changes. of the roadway, and drivers of vehicles shall obey the directions of every such device; This may seem like good fun to the drivers and viewers, however many accidents and deaths have occurred because of this kind of behavior. Making a wide turn that crosses over the line can be considered Failure to Maintain Lane. Article 7. Evidence was insufficient to sustain the defendant's conviction for failure to maintain a lane in violation of O.C.G.A. All rights reserved. Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. How you know. Its commonly assumed by Georgia citizens that failure to maintain lane is weaving all across the road. 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. |. Stewart v. State, 288 Ga. App. Do I need a lawyer if I have been given a citation for Failure to Maintain Lane? Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. I, Sec. This evidence was sufficient to support the defendant's conviction for failure to maintain lane. The offenses can be found within the Georgia Uniform Rules of the Road. Numerous courts have interpreted a driver simply touching either white or yellow lines as failure to maintain lane. For example, say youre going down the road, and youre reaching up on a turn. I. n addition to driving carefully, the best way to ensure that a failure to maintain a lane charge does not result in negative consequences is for an individual to retain the services of an experienced DUI attorney. Movement from lane. A failure to maintain lane charge in the state of Georgia is treated as a moving traffic violation. This week, we'll discuss statutes 40-6-40, 40-6-45, and 40-6-48, which all have to do with keeping to your lane and driving on the correct side of the road. of 1983, Art. This news blog comes to you from the Alpharetta, Georgia traffic ticket defense attorney Scott Miller. 692, 642 S.E.2d 384 (2007). 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. 568, 634 S.E.2d 520 (2006). Roads are flooded and bridges are washed out. Trial court did not err by refusing to give the defendant's requested charge on misfortune or accident because the defendant, who was charged with driving under the influence, reckless driving, and failure to maintain lane, was not entitled to a charge that the accident was unavoidable; because the defendant did not admit to committing any act that constituted the offenses with which the defendant was charged, the defendant was not entitled to an instruction on accident. The maximum punishment is a $1,000 fine, and 12 months in jail. Failure to Maintain Lane and DUI are two separate offenses. 40-6-123(b) and told the jury that the defendant was charged with improper lane change in violation of that section. - Officer was entitled to summary judgment based on qualified immunity as to an arrestee's Fourth Amendment claim regarding the stop of the arrestee's vehicle because the officer had arguable reasonable suspicion to stop the arrestee since the officer responded to an off-duty officer's report that the arrestee was driving at an unusual speed and weaving across the road, and the off-duty officer identified the vehicle. Now Defending You. Bell v. State, 291 Ga. App. Motor Vehicles and Traffic 40-6-48 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Over 50 Years of Combined Experience February 23, 2022; failure to maintain lane ticket cost in virginia. 3 found this answer helpful | 1 lawyer agrees Helpful Unhelpful Share 0 comments Cory Earl Yager View Profile This field is for validation purposes and should be left unchanged. Driving on Roadways Laned for Traffic Universal Citation: GA Code 40-6-48 (2020) 668, 618 S.E.2d 702 (2005). Scott had helped me previously with a speeding ticket (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. The license penalties for a Failure to Maintain Lane conviction in Georgia Failure to Maintain Lane is a 3-point offense. 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. By itself, a ticket for failure to maintain lane is a misdemeanor that will often result in a small fine and three points on your driver's license. There are many potential defenses for motor vehicle driver who fails to maintain a lane. A motor vehicle driver is not permitted to move from one lane unless the driver has first determined that moving lanes can be performed in a safe manner. In many circumstances, Georgia law enforcement has interpreted situations in which a motor vehicle driver lightly brushes the lines of the road without a valid justification to be afailure to maintain a lane charge. CMC Chairman Deng Xiaoping proposed the imposition martial law and the use of armed soldiers to suppress unarmed demonstrations in Beijing. www.lawofficeofscottmiller.com. , 344 Ga.App. Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the . Georgia law requires a motor vehicle to be driven as practicably as possible within a single lane. 40-6-48. 40-6-391(a)(5) was upheld. 873, 650 S.E.2d 430 (2007); Merritt v. State, 288 Ga. App. Changing into a lane where visibility is impaired, failing to check whether blind spots exist prior to making a lane change, Drifting into another lane to drive while distracted, driving while fatigued or under the influence of alcohol or drugs, Failing to check both mirrors prior to making a lane change, changing more than one lane at a time, Failing to properly align rear view mirrors, Failing to signal before making a lane change, Using a cell phone to text or talk while operating a motor vehicle, Vehicle passengers that distract that motor vehicle driver, Weathers conditions that leave drivers unprepared for driving conditions. Can I get failure to maintain lane? Georgia law states that all vehicles must be driven within a single lane until its driver can safely change lanes. What Are My Rights If Im Stopped by the Police? All of these actions are criminal behavior and treated harshly by the law. Citations Involving Accidents I, Para. Yes. www.lawofficeofscottmiller.com, Driver doing donuts on I-285 shuts down traffic. . 443, 649 S.E.2d 568 (2007); Trull v. State, 286 Ga. App. 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 . According to the courts, simply brushing up against a solid line or going slightly over it is grounds for an officer to cite you for failure to maintain lane. 407, 659 S.E.2d 823 (2008). 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. Getting . However, "like other constitutional rights, a suspect may consent to take actions that Paragraph XVI would prevent the State from compelling." Ga. Const. A motor vehicle driver is not permitted to move from one lane unless the driver has first determined that moving lanes can be performed in a safe manner. 40-6-48(1) because the state failed to present any witness testimony pertaining to the charge, and instead relied solely upon a videotape depicting the defendant's operation of the vehicle immediately prior to the traffic stop; the videotape failed to show where defendant's vehicle crossed into the adjacent lane of traffic. If you have been unfairly accused of not maintaining a lane in Fulton County, Cobb County, DeKalb County, or any other surrounding community you should contact the Law Offices of Scott Miller. Evans-Glodowski v. State, 335 Ga. App. Former DUI Prosecutors DUI Courts in Atlanta, GA (Fulton County), DUI Defense Lawyer in DeKalb County, Georgia, The driver in the middle lane on a multi-lane road has the right of way when passing other vehicles. 755, 652 S.E.2d 631 (2007). 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. I, Sec. S16C0368, 2016 Ga. LEXIS 118 (Ga. 2016), cert. 605, 685 S.E.2d 339 (2009); Jones v. State, 319 Ga. App. Many times, Georgia law enforcement use a motor vehicle operator who violates this law as the basis for a DUI stop.