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.