Posted by Jim Yeargan in Atlanta DUI Law on October 5, 2016
A motor vehicle was traveling in Marietta recently, when the driver swerved into the oncoming lane of traffic and struck another vehicle. The resulting collision was so substantial that one of the passengers in the oncoming vehicle died from injuries. The driver was subsequently arrested and charged with first-degree vehicular homicide, driving under the influence, and failure to maintain lane.
Georgia law prohibits failure to maintain a lane. Georgia law requires a motor vehicle to be driven as practicably as possible within a single 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.
If a motorist must swerve out of a lane to avoid a collision with an obstacle in the road, this is not considered failure to maintain a lane. Many times, Georgia law enforcement use a motor vehicle operator who violates this law as the basis for a DUI stop. To satisfy a violation for failure to maintain lane, Georgia law enforcement need only find the smallest movement of a driver from one lane to another enough to satisfy a failure to lane charge.
The Penalties for Failure to Maintain Lane
A failure to maintain lane charge in the state of Georgia is treated as a moving traffic violation. Individuals who are found guilty of such an offense will be fined and receive points on their driver’s record. 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.
As a result, failure to maintain lane charges frequently result in an individual receiving more significant changes.
If an individual’s job requires a clean driving record, additional negative consequences can result from charges resulting from failure to maintain a lane.
Defending Against Such a Charge
There are several potential defenses for individuals who are charged in the state of Georgia with failure to maintain a lane. Individuals can sometimes successfully defend against such a charge by arguing that the motorist was weaving within only one lane of traffic, which is not illegal.
Individuals are also sometimes able to argue that law enforcement has not demonstrated that the conditions were unsafe for a motorist to switch lanes.
Consult With an Experienced Atlanta DUI Attorney
Motor vehicle drivers should pay careful attention when crossing lanes, particularly when these drivers have inhabited any amount of alcohol. Drivers must remember that tapping the wheels of a vehicle against the lines of a lane are all it takes to receive a failure to maintain lane charge. 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. 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.