An improper stopping on a roadway charge can result when individuals are charged with driving under the influence of either alcohol or drugs. One example of this type of charge occurred recently when a Decatur woman was arrested on suspicion of driving while intoxicated when the woman was found asleep in her motor vehicle. The vehicle was straddling two lanes of traffic at a Decatur traffic light.
In an interrogation with law enforcement, the woman revealed herself to have badly slurred speech, a soiled dress, and a small abrasion to her knee. The woman told law enforcement that she was returning with her son to Atlanta after visiting a fraternity house. The woman also informed Georgia law enforcement that she had recently consumed three glasses of wine.
The woman was subsequently arrested when law enforcement determined that the woman was too impaired to take a sobriety test and charged with driving under the influence of alcohol, failure to maintain a lane, and improper stopping on a roadway.
Applicable Georgia Law
Georgia law prohibits motor vehicle operators from stopping their vehicle in several locations including:
- At the roadway side of a vehicle that is stopped at a street curb,
- On a sidewalk,
- Within an intersection,
- On a crosswalk,
- Between a safety zone and the adjacent curb,
- Beside any street excavation,
- On any elevated structure on a highway,
- On railroad tracks,
- On an access-controlled highway, and
- At any location where official signs prohibit stopping.
Exceptions to Georgia Law
There are several situations in which Georgia motorists are not required to follow laws regarding locations where motorists are prohibited from stopping. Motorists are allowed to stop in these locations when doing so is necessary is to avoid potential complications with traffic or law enforcement requests that an individual stop in that location.
There are also several locations where a driver may temporarily park to pick up or drop off passengers including within 20 feet of a crosswalk at an intersection or a driveway entrance to a fire station. In these situations, individuals must make sure to place their hazard lights during the entire time that the driver is picking up or dropping off passengers.
There are two significant potential consequences regarding Georgia law concerning improper stopping. Georgia law enforcement frequently uses the offenses of improper stopping in order to stop a motor vehicle, which can, in turn, result in law enforcement finding evidence upon which to base a driving under the influence charge.
In many other situations, motorists in Georgia find that violation of stopping law results in the impoundment of the driver’s vehicle. As part of a vehicle impoundment, Georgia law enforcement is authorized to perform an inventory search of the driver’s vehicle, which can result in a driving under the influence charge being made.
The Assistance of a Skilled Georgia DUI Attorney
If you are charged with stopping on a roadway or any other type of driving under the influence offense in the state of Georgia, you might feel overwhelmed and uncertain about how to proceed regarding your situation. One of the best ways to respond to such a situation is to contact the knowledgeable legal team at Yeargan & Kert who have a long and successful track record of helping other motorists who have been in similar situations.