Georgia DUI Law: Challenging the Stop, Improper Turn

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Georgia DUI investigations usually begin with a routine traffic stop. At a minimum, in order to stop you and your vehicle, the stopping officer needs to have “reasonable and articulable suspicion” to believe a crime has, or is about to be committed. An officer normally satisfies this requirement by observing a traffic or equipment violation. However, if it is determined the officer did NOT have reasonable and articulable suspicion to stop your vehicle; this could result in the suppression of evidence and the ultimate dismissal of a DUI charge.

Therefore, it is crucial to examine the most common types of traffic violations that result in a DUI investigation. This article serves to inform you of what type of things police officers are looking for when stopping for improper turn.

The Offense

O.C.G.A. § 40-6-120 requires the driver of a vehicle intending to turn at an intersection to do the following:

(1) RIGHT TURN. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway;

(2) LEFT TURN.

(A) As used in this paragraph, the term “extreme left-hand lane” means the lane furthest to the left that is lawfully available to traffic moving in the same direction as the turning vehicle. In the event of multiple lanes, the second extreme left-hand lane shall be the lane to the right of the extreme left-hand lane that is lawfully available to traffic moving in the same direction as the turning vehicle. The third extreme left-hand lane shall be the lane to the right of the second extreme left-hand lane and so forth.

(B) The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the turning vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection and so as to exit the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as the turning vehicle on the roadway being entered.

(C) In the event of multiple turn lanes, the driver of a vehicle turning left shall exit the intersection in the same relative travel lane as the vehicle entered the intersection. If the vehicle is in the second extreme left-hand lane entering the intersection the vehicle shall exit the intersection in the second extreme left-hand lane. Where there are multiple lanes of travel in the same direction safe for travel, a vehicle shall not be permitted to make a lane change once the intersection has been entered.

The most common way to violate this law is when you make a “wide turn.” A wide turn is when you start your turn in one lane and drift over into another lane while executing or finishing your turn. This is a common maneuver you will see on the road and a close look at the language of the law prohibits this conduct.

Interestingly, in State v. Morgan, 260 Ga. App. 263, 581 S.E.2d 296 (2003), the Court of Appeals upheld the trial court’s suppression of the traffic stop. Morgan was stopped for making a right hand turn into the left lane of two eastbound lanes of Hwy 278, then immediately got into a left turn lane to turn onto Hazelbrand Rd. approximately 100 yards from where he entered Hwy 278; the turn was reasonable and the reasonable suspicion for the stop was unreasonable. Because the spirit of our traffic laws is to ensure safe and reasonable driving among motorists, the Court decided, given the facts of Morgan and the reasonableness of his driving, there was no reasonable and articulable suspicion to stop his vehicle even though Morgan made a wide turn.

Challenging the Stop

Like any traffic stop,  is important to challenge the officer’s observations to determine whether the stopping officer has reasonable and articulable suspicion necessary to stop your car. The most successful way to accomplish this is to challenge the officer’s perception. Key issues include, but are not limited to:

  • Distance between the officer and your vehicle
  • Angles of officer’s observation
  • Traffic conditions (no traffic makes an improper turn more reasonable and safe)
  • Lighting
  • The mechanics of the turn

Contact Us

If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

Georgia DUI Law: Challenging the Stop, Driving While Distracted or While Using Mobile Device

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Georgia DUI investigations usually begin with a routine traffic stop. At a minimum, in order to stop you and your vehicle, the stopping officer needs to have “reasonable and articulable suspicion” to believe a crime has, or is about to be committed. An officer normally satisfies this requirement by observing a traffic or equipment violation. However, if it is determined the officer did NOT have reasonable and articulable suspicion to stop your vehicle; this could result in the suppression of evidence and the ultimate dismissal of a DUI charge.

Therefore, it is crucial to examine the most common types of traffic violations that result in a DUI investigation. This article serves to inform you of what type of things police officers are looking for when stopping for driving while distracted or while using mobile device.

The Offense

As of July 1, 2018, O.C.G.A. § 40-6-241 requires drivers to exercise due care while operating a motor vehicle on the highways of this state and prohibits “any actions which shall distract such driver from the safe operation of such vehicle.”

In addition, drivers may not:

(1) physically hold or support a wireless telecommunications device or stand-alone electronic device, except for the use of an earpiece, headphone device, or device worn on a wrist to conduct a voice based communication;

(2) write, send, or read any text-based communication, including text messages, instant messages, e-mails, or Internet data, other than voice commands that are converted to text by the device or used for GPS/navigation feature control;

(3) watch a video or movie on a wireless telecommunications device or stand-alone electronic device, other than watching data related to the navigation of such vehicle; or

(4) record or broadcast a video on a wireless telecommunications device or stand-alone electronic device, other than devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.

Commercial vehicle drivers are restricted from using more than a single button on a wireless telecommunications device to initiate or terminate a voice communication or reaching for a wireless telecommunications device or stand-alone electronic device in such a manner that requires the driver to no longer be in a seated driving position or properly restrained by a safety belt.

Exceptions

These prohibitions do not apply if the driver is:

(1) reporting a traffic accident, medical emergency, fire, an actual or potential criminal or delinquent act, or road condition which causes an immediate and serious traffic or safety hazard;

(2) an employee or contractor of a utility services provider acting within the scope of his or her employment while responding to a utility emergency;

(3) a law enforcement officer, firefighter, emergency medical services personnel, ambulance driver, or other similarly employed public safety first responder during the performance of his or her official duties; or

(4) in a lawfully parked motor vehicle.

O.C.G.A. § 40-6-241(g).

Punishment

O.C.G.A. § 40-6-241(f) states that violations are punished as misdemeanors, as follows:

(A) For a first conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $50.00, but the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof;

(B) For a second conviction within a 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $100.00, but the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof; or

(C) For a third or subsequent conviction within a 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $150.00, but the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof.

A person convicted of simply holding a mobile device while driving may avoid conviction if they bring to court a device or proof of purchase of such device that would allow that person to operate a mobile device hands-free in the future. However, a person may take advantage of this saving provision only once. O.C.G.A. § 40-6-241(f)(2).

Challenging the Stop

Police officers are looking for distracted drivers, especially those drivers holding their cell phones while driving. If an officer observes this, they would have a lawful reason to stop your vehicle, and possibly launch a DUI investigation. As a result, it is important to challenge the officer’s observations to determine whether the stopping officer has reasonable and articulable suspicion necessary to stop your car. The most successful way to accomplish this is to challenge the officer’s perception. Key issues include, but are not limited to:

  • Distance between the officer and your vehicle
  • Angles of officer’s observation
  • Traffic conditions
  • Lighting
  • Window tint, if any
  • Whether you were lawfully parked

If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

Georgia Court Dates

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Months ago, you had one of your worst days ever: you were arrested. The time it took to bond out seemed like an eternity. But you’re finally out of jail, and you swear you’ll never be back. Weeks pass, and it all seems like a bad dream. Until one day you check your mail and find a letter from a superior, state or municipal court. The letter is about your arrest. It says you have to be in court on specific days for arraignment, motions, and calendar call. The letter also says if you don’t appear as instructed, you may be issued a bench warrant. But what do these terms mean?

Arraignments

Then and Now

Let’s start with arraignment. Arraignment is a word from British common law adapted into the U.S. Criminal Justice System. Literacy was at an all-time low during the olden days of England. Arraignment was created by their judicial system to tell illiterate defendants their pending charges. Prosecutors would do this by reading defendants’ charges to them in open court, since they couldn’t read the law themselves. Defendants would then be given the opportunity to enter a plea of guilty or not guilty.

Similarly, modern arraignment is the court date at which defendants enter a plea of guilty or not guilty. Should you choose Peachstate Lawyer as your legal representation, we will file the appropriate paperwork to ensure you do not have to be in court for arraignment. That paperwork is called a “waiver” of formal arraignment. The waiver we file enables you to enter a plea of not guilty without having to go in front of a judge. The waiver also preserves your attorney’s right to file motions in your case and receive discovery (i.e. evidence) from the state about your case.

Motions

That brings us to the next most important court date in your case: motions. Depending on the county, you may or may not have to be in court for motions. But rest assured that Peachstate Lawyer will file appropriate motions in your case. Motions are important pre-trial steps to contest the state’s evidence against you. Sometimes motions can get a case thrown out all-together. So, it is very important that you have legal defense, like us, who know which motions to file, and ultimately argue, on your behalf.

Calendar Call

Finally, the last court date referenced in the judicial notice you received is for calendar call. My rule of thumb is to instruct all of my clients to be present at calendar call. Most counties in Georgia issue bench warrants for those who do not appear as instructed. And while that is something our firm can take care of, it is in your best interest to avoid having a bench warrant issued for you. (After all, you swore you’d never go back to jail after bonding out months ago.)

Calendar Call is the date at which your attorney tells the Judge how you plan to resolve your case. Even though you initially entered a plea of not guilty, you may decide to resolve you case by guilty plea if don’t want to have a jury trial & your attorney secured a plea offer that you want to accept. Alternatively, your attorney may also announce ready for trial and your case will be added to the Judge’s next trial calendar.

If you’ve received judicial notice in the mail and do not know what to do next, contact our office today for a free consultation.

by Sarah Armstrong

Cobb County Misdemeanor Pretrial Diversion

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Am I eligible?

If you are arrested for the following offenses, you may be eligible to participate in a diversion program.

The eligible offenses are:

  1. Minor in Possession of Alcohol
  2. Possession of a Fake ID
  3. Possession of Marijuana (VGCSA)
  4. Theft by Shoplifting
  5. Theft by Taking

So if you are arrested on any of these charges, do not walk in to court and plead guilty. You definitely will want to consider the diversion program. If you are accepted and complete the diversion program, then the case will be dismissed and your record will be sealed.

What do I do?

In Cobb County, the prosecutor, otherwise known as the Solicitor General, will require you to have an attorney. They will not let anyone enter into the diversion program if they are not represented by an attorney. We will work with you on a payment plan that fits your budget.

There is a $ 350 fee for any person that would like to participate in the diversion program.

There are several requirements that must be completed within 12 weeks once you enter the program. You can complete the requirements earlier than 12 weeks.

  1. Community Service:
    1. For Marijuana possession, theft by shoplifting and theft by taking, you must complete 40 hours of community service.
    2. For possession of a fake ID, you must complete 60 hours of community service.
    3. For minor in possession of alcohol, the community service varies:
      1. 40 hours – if you blow below a .08 or are not offered an opportunity to blow into a portable breath device
      2. 60 hours – if you possess a fake ID and blow below a .08
  • 80 hours – if you blow between a .08 and .15
  1. 120 hours – if you blow above a .15 or refuse.
  1. All Cobb County Police Officers are trained to request a breath test if you are caught with an alcohol and are not 21 years of age.
  1. Admissions
    1. For possession of a Fake ID and Minor in Possession of Alcohol, the defendant must admit, in writing, from whom and where they obtained the alcohol and fake ID
  2. Clean Screens
    1. You must pass 3 drug/alcohol screens during the 12 weeks. These drugs screens must be done through the Cobb County Superior Court Drug Lab unless previous permission is granted to do it elsewhere.
    2. These drug screens are for Minor in Possession of Alcohol, Fake ID and Marijuana Possession cases only.
  3. Alcohol and Drug Evaluation
    1. If you are charged with Minor in Possession of Alcohol, Fake ID or Marijuana Possession then you must complete an evaluation from a state certified evaluator. If this evaluation requires treatment, then you must complete the treatment within the allotted time.
  4. Theft Seminar
    1. If charged with theft by shoplifting or theft by taking, you must complete an approved theft seminar.
  5. Essay
    1. If you are under 21 years old, then you must handwrite a 2 page essay about why you should be admitted into the diversion program.
  6. Additional Classes
    1. For Minor in Possession of Alcohol, Possession of a Fake ID and Possession of Marijuana (VGCSA) you must complete one of the following:
      1. MADD Victim Impact Panel
      2. Teen Drug and Alcohol Impact Program (only if under 25 years old)
  • S.M.A.R.T. Program

So if you are arrested for any of the above, do not panic. Please call us so we can discuss your case, your defenses to your case and see if you are eligible to participate in the diversion program. It is a great way to make sure you do not have a criminal record.

Give us a call 24/7 at 404-581-0999 or email mike@peachstatelawyer.com