Failure to Maintain Lane

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Author: Philip Kim, Founder, Philip Kim Law, P.C.

Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.

Published on November 28, 2023.


What Is Failure to Maintain Lane?

Sometimes, drivers leave marked lanes while engaging in erratic driving. Such drivers may weave in and out of traffic aggressively and cause anxiety to other drivers. This act can sometimes lead to accidents and attract penalties and compensations.

Maintaining your lane infers that you remain within your designated lane without touching or crossing over the white or yellow lines. Even when you want to change lanes, you must ensure its safety and alert other drivers on the road properly.

Failure to maintain a lane is a common traffic offense. When you fail to maintain your lane while driving, police officers may give you a ticket.

Consider hiring an experienced traffic offense/failure to maintain lane attorney. At Philip Kim Law, P.C., we have experienced Georgia traffic tickets attorneys who can help you when you are ticketed for a failure to maintain lane offense. We can assess the details of your case and build an appropriate defense to represent your interests.

The Statute for Failure to Maintain Lane

O.C.G.A. §40-6-48 enlists the offense of failure to maintain lane. These provisions enshrined therein mandate you to drive your vehicle as nearly as practicable within a single lane. When you want to move away from such a lane, you must first ascertain that such movement can be safely made.

When driving on a road with three lanes, where two lanes go in one direction and the third in the opposite direction, a vehicle using the middle lane has the right to pass another vehicle going in the same direction.

On a road with three lanes, allowing traffic to move in both directions, you can drive in the middle lane only in these situations:

  1. When passing a vehicle going the same way and the middle lane is clear and safe.
  2. When preparing to make a left turn.
  3. When the middle lane is marked for traffic moving in your direction, as indicated by traffic signs or road markings.

Violating this statute will result in police officers pulling you over for failure to maintain a lane.

Causes of Lane Deviation

The offense of failure to maintain lane may be triggered by specific actions, including but not limited to:

  • Crossing over the center line while driving.

  • Touching lines in your lane while driving.

  • Making a wide turn that crosses over the line.

  • Refusing to adjust your speed depending on road conditions.

  • Refusing to use your turn signal for lane changes and lingering in another vehicle’s blind spot may cause you to make moves that can result in failure to maintain a lane.

It is essential you note that failure to maintain a lane may be associated with driving under the influence (DUI) charges. The reason for this association is not far-fetched. Police officers can pull you over at DUI checkpoints in Georgia for failing to maintain the lane.

Evidence such as sighting an uncorked bottle of alcohol or perception of alcohol smell can warrant a DUI investigation. Such a situation can lead to having a DUI charge alongside a failure to maintain a lane charge.

Penalties for Failing to Maintain Your Lane

Failure to maintain your lane while driving in Georgia is a misdemeanor that attracts specific penalties. If you are convicted for this offense, fines may be imposed.

Another penalty for failure to maintain a lane is regarding your driver’s license. When ticketed for failure to maintain a lane, such a ticket will often result in three points on your driver’s license. In Georgia, the Department of Driver Services is saddled with the responsibility of assessing points if a person is convicted of traffic or moving violations.

It is essential you treat every point on your license as significant. An accumulation of 15 points on your driver’s license in 24 months will lead to a license suspension for six months. This suspension can negatively impact you as well as your livelihood.

However, if you are under 21, just four points on your license will lead to your driver’s license suspension.

Note that your insurance rates may also be affected by a conviction for the offense of failure to maintain a lane. This impact is because insurance premium rises considerably when you have traffic violations on your driving record. So, it may be a good idea to contact a traffic ticket attorney upon being charged with such offenses.

If you are a victim of accidents caused by a driver’s failure to maintain a lane, get legal help by contacting us at Philip Kim Law, P.C.

Are There Possible Defenses for Failure to Maintain Lane?

It is worth noting that being charged for failure to maintain a lane in Gwinnett County, GA, does not automatically guarantee a conviction. There are certain defenses your attorney can make for your case.

Failure to maintain your lane to prevent an accident may be a defense. For instance, if you leave your lane to avoid a collision with another driver who drifted into your lane, you have a valid defense.

There must be evidence that the road was lined for the charge of failure to maintain a lane to hold. So, where the road is unpaved and undivided into lanes, it would be difficult for the arresting officer to prove the offense of failure to maintain a lane.

Also, factors such as road obstacles, the alignment of your vehicle, and poor highway conditions can cause your vehicle to weave across lanes. Hiring criminal lawyers in Lawrenceville having experience of defending drunk driving or other kinds of traffic offenses may be beneficial for building a solid defense for your case.

Philip Kim Law, P.C. Can Help You!

Do you have a question regarding a Gwinnett County traffic ticket or failure to maintain a lane offense? Being convicted of any criminal charge can significantly impact you. At Philip Kim Law, P.C., we are willing to help you build robust defense strategies to protect your rights. We can help you seek the compensation you deserve.

We can also assist you if a police officer gives you a speeding ticket. In such cases, we can help you contest your ticket by requesting a contested or mitigation hearing. For more information, contact us and schedule a free consultation today!

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Philip Kim Law, P.C.
368 West Pike Street, Suite 203
Lawrenceville, GA 30046
(678) 203-6968
Fax: (678) 273-3501
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