Failure to Maintain Lane

A citation for failure to maintain lane is one of the most common citations we see every day.  Whether you are charged with DUI, a car accident, or even a drug case, failure to maintain lane is one of the primary traffic offenses an Officer will cite when writing a ticket.  Many Georgia citizens assume that failure to maintain lane is weaving all over the road, that’s not always the case.

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.” OCGA 40-6-48.   Many courts have interpreted a driver merely tapping either white or yellow lines, without a valid justification, failure to maintain lane.   For instance, suppose you’re going down the road and you’re coming up on a turn.  As you approach that turn your right-side tires brush up against the solid white line on the right side of the road.  In Georgia, that’s enough to constitute a ticket for failure to maintain lane.   On the other hand, suppose you’re driving down the road and a deer runs out in front of your vehicle.  Naturally, you swerve out of the way to avoid hitting the deer.  In that situation, you would not have violated the failure to maintain lane statute.

So where does this come up?  Often, we have clients who are pulled over by a DUI task force Officer for merely tapping the line.   More often than night, these Officers patrol areas known for having clubs and bars that stay open late.  The Officers are trained to look for individuals who are leaving those areas and will follow drivers until they have a reason to pull them over.  That’s where failure to maintain lane comes into play.  Remember, if you tap the line, then it’s enough for the Officer to pull you over.  Once the Officer pulls you over he/she can then further investigate a DUI, if he/she feels there is additional evidence to explore; such as the odor of alcohol.   Many drivers who are cited for DUI often have a failure to maintain lane citation too.

We also see failure to maintain lane citations in the context of traffic accidents.  Many Officers will cite the “at fault” driver for a violation of a Georgia traffic law.  Examples of failure to maintain lane in a traffic accident case include, striking a fixed objects, hitting a parked car, or even hit and run.  Often, a ticket for one of these offenses will also include a ticket for failure to maintain lane.

Frequently we will see clients who are charged with a drug crime cited that started as a minor traffic violation, such as failure to maintain lane.  Remember, all it takes to get pulled over for failure to maintain lane is the wheels of a driver’s vehicle tapping the line.  Thus, many officers who are working on drug task forces will search for minor traffic violations, such as failure to maintain lane, to stop a vehicle and ultimately search that vehicle if other evidence is present.

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.  But, as you can see above, there are many different ways a failure to maintain lane violation can affect you as a driver.   If you have been charged with failure to maintain lane or any crime as a result of a traffic stop, please contact our office immediately at 404-581-0999.