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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.

VIDEO – One Leg Stand Field Sobriety Test

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by Scott Smith and Ryan Walsh

You’ve agreed to take standardized field sobriety tests and the next thing you know you are raising your foot off the ground, trying to balance on one leg. What is this test? What is the officer looking for? Those questions are the subject of today’s Peach State Lawyer video blog.

The last of the three standardized field sobriety tests is the one leg stand field sobriety test. This test is performed exactly how it sounds. The officer will have you stand with your feet together, hands down by your side. You will then raise one leg six inches off the ground and hold that position, counting out one thousand-one, one thousand-two, and so on, until the officer asks you to stop.

Typically, this test will last approximately thirty seconds. During this test, the officer is looking for four specific clues. Those clues are number one, putting your foot down, hopping, swaying, and using your arms for balance.

If any of these four clues happen once at any time during the test, it constitutes a clue. Exhibiting two clues out of four clues indicates to the officer that you are an impaired driver. An experienced Georgia DUI attorney can help you look at a copy of the video and point out the good and bad things done on the test. This includes the officer’s description and demonstration of the test.

In our experience, people who have nothing to drink can sometimes perform very poorly on this dexterity test.

Our officer of experienced Georgia DUI attorneys can look at your performance on any of these field sobriety tests and tell you the legal and factual defenses we can use to help get your charges dismissed, reduced, or prepared to fight at trial.

We’re available twenty four hours a day, seven days a week to meet with you regarding your pending DUI case. Call us today at 404-581-0999.

Thank you so much.