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Illegal Lane Change and Failure to Turn

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  • 07-11-2012, 02:27 PM
    bjrscj
    Illegal Lane Change and Failure to Turn
    My question involves a traffic ticket from the state of: Georgia
    Their traffic laws can be found here: http://www.lexisnexis.com/hottopics/gacode/Default.asp

    I was in a lane to go straight, but the guy in front of me was turning left. This light is notorious for not having a turn arrow or devoted turn lane, and you can get stuck for several turns. The lane to my right had a right arrow painted in the lane, but I turned into it anyway (after checking for it to be clear), and passed the guy turning left. A cop proceeded to pull me over and ticked me for illegal lane change, though he said he could have also ticketed me for failure to turn in a turn lane. What really got me, is I asked if it is always illegal to pass on the right or not, and he said yes, but asked if I was referring to an intersection up ahead on an even busier road. I said "yes." He then told me that he lives in the area and wouldn't pull anyone over for doing it at that intersection because he knows how bad it is. Go figure. That being said, he was really nice about the whole thing, but I really can't afford to shell out the money if I don't have to.

    Anyway, I found a few laws I think would be on my side, but I haven't been able to find any laws about turn lanes - only laws regarding lanes with signals, not painted markings. I'd appreciate any insight. If I'm obviously screwed, I'll bite the bullet, but I see people - and cops - do this passing maneuver all the time. That doesn't make it legal, but I'd like to know for the future.

    § 40-6-43. When overtaking and passing on the right permitted


    (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

    (1) When the vehicle overtaken is making or about to make a left turn; or

    (2) Upon a street or highway with unobstructed pavement of sufficient width for two or more lanes of moving vehicles in the direction being traveled by the overtaking vehicle.

    (b) If otherwise authorized, the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.

    HISTORY: Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 58; Code 1933, § 68A-304, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5.




    § 40-6-40. Vehicles to drive on right side of roadway; exceptions


    (a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

    (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

    (2) When an obstruction exists making it necessary to drive to the left of the center of the highway, provided that any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such a distance as to constitute an immediate hazard;

    (3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or

    (4) Upon a roadway restricted to one-way traffic.

    (b) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

    (c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center of the roadway except when authorized by official traffic-control devices designating certain lanes to the left of the center of the roadway for use by traffic not otherwise permitted to use such lanes or except as permitted under paragraph (2) of subsection (a) of this Code section. However, this subsection shall not be construed as prohibiting the crossing of the center of the roadway in making a left turn into or from an alley, private road, or driveway.

    (d) No two vehicles shall impede the normal flow of traffic by traveling side by side at the same time while in adjacent lanes, provided that this Code section shall not be construed to prevent vehicles traveling side by side in adjacent lanes because of congested traffic conditions.

    HISTORY: Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 55; Ga. L. 1967, p. 542, § 1; Ga. L. 1968, p. 1065, § 1; Code 1933, § 68A-301, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5.
  • 07-11-2012, 03:39 PM
    Disagreeable
    Re: Illegal Lane Change and Failure to Turn
    It does not appear you moved into a lane going in the same direction, you pulled into and out of a right turn lane, going straight.
  • 07-11-2012, 05:46 PM
    That Guy
    Re: Illegal Lane Change and Failure to Turn
    We really don't need to know what you weren't cited for. it would be much better if you'd specify what code section you WERE cited for.

    Quote:

    Quoting bjrscj
    View Post
    § 40-6-43. When overtaking and passing on the right permitted


    (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

    (1) When the vehicle overtaken is making or about to make a left turn; or

    (2) Upon a street or highway with unobstructed pavement of sufficient width for two or more lanes of moving vehicles in the direction being traveled by the overtaking vehicle.

    (b) If otherwise authorized, the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.

    Clearly, this first one would not apply to your situation simply because you entered the right turn lane which is marked with a pavement marking (right turn arrow) and as such, you could not enter the intersection to go straight from that lane.

    This would not be an "illegal/unsafe lane change"; instead, you would have been cited for § 40-6-20. Obedience to traffic-control devices required; presumptions; enforcement by traffic-control signal monitoring devices .

    Quote:

    Quoting bjrscj
    View Post
    § 40-6-40. Vehicles to drive on right side of roadway; exceptions


    (a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

    (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

    (2) When an obstruction exists making it necessary to drive to the left of the center of the highway, provided that any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such a distance as to constitute an immediate hazard;

    (3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or

    (4) Upon a roadway restricted to one-way traffic.

    (b) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

    (c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center of the roadway except when authorized by official traffic-control devices designating certain lanes to the left of the center of the roadway for use by traffic not otherwise permitted to use such lanes or except as permitted under paragraph (2) of subsection (a) of this Code section. However, this subsection shall not be construed as prohibiting the crossing of the center of the roadway in making a left turn into or from an alley, private road, or driveway.

    (d) No two vehicles shall impede the normal flow of traffic by traveling side by side at the same time while in adjacent lanes, provided that this Code section shall not be construed to prevent vehicles traveling side by side in adjacent lanes because of congested traffic conditions.

    HISTORY: Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 55; Ga. L. 1967, p. 542, § 1; Ga. L. 1968, p. 1065, § 1; Code 1933, § 68A-301, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5.

    And this one simply say that on a divided road, no matter how many lanes, you must drive on the right side of that divider and never cross over into opposite lanes EXCEPT as described above.

    My guess is that you committed your violation by either not signaling, or not signalling for a sufficient period of time as required by subsection (b) below.


    2010 Georgia Code

    TITLE 40 - MOTOR VEHICLES AND TRAFFIC

    CHAPTER 6 - UNIFORM RULES OF THE ROAD

    ARTICLE 6 - TURNING, STARTING, SIGNALING

    O.C.G.A. 40-6-123 (2010)

    §40-6-123. Turning movements; signals required on turning, changing lanes, slowing, or stopping

    (a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Code Section 40-6-120 or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or change lanes or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate and timely signal in the manner provided in this Code section.

    (b) A signal of intention to turn right or left or change lanes when required shall be given continuously for a time sufficient to alert the driver of a vehicle proceeding from the rear in the same direction or a driver of a vehicle approaching from the opposite direction.

    (c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in this Code section to the driver of any vehicle immediately to the rear when there is an opportunity to give such signal.

    (d) The signals provided for in subsection (b) of Code Section 40-6-124 shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear.

    Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
  • 07-13-2012, 05:52 AM
    bjrscj
    Re: Illegal Lane Change and Failure to Turn
    Thanks.

    He cited me for 40-6-48

    Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent with this Code section, shall apply:

    (1) 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;
  • 07-13-2012, 08:23 AM
    Disagreeable
    Re: Illegal Lane Change and Failure to Turn
    or it could have been these subsections...

    Quote:

    (4) Official traffic-control devices may be erected directing specified traffic, including but not limited to buses or trucks, to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such device; and

    (5) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device.
    Without seeing a street view, interpretation may be difficult.
  • 07-15-2012, 02:14 AM
    That Guy
    Re: Illegal Lane Change and Failure to Turn
    He may have cxited you for 40-6-48 but it was not subsection (1). Nice try though!

    I'm betting its subsection (4)

    (4) Official traffic-control devices may be erected directing specified traffic, including but not limited to buses or trucks, to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such device;

    That matches the exact description of you entering the right turn lane and instead of turning, going straight through the intersection. I don't see how the statutes you listed will help you out of this one.
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