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  1. #1
    Join Date
    Feb 2011
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    Default Failure to Maintain Lane While Making a U-Turn

    My question involves a traffic ticket from the state of: Georgia. My husband is a truck driver (Big Rigs), while in Albany he was in a marked U-Turn lane with oncoming traffic at a safe distance.. more than 300 ft (2 vehicles). He began making his turn, which required he pull forward then back the tractor to pull forward again thus keeping the trailer from hitting anything or going off the roadway. When he began to pull forward that second time (remembering he was already commited to the U-Turn) his tractor was at an angle to center left causing a blind spot to the right, when at full speed 1 of the oncoming drivers hit the right front of my husband's tractor, the other vehicle had stopped, then went around after the accident leaving before police showed up unfortunately.
    Police were called, and after over-hearing the driver of the vehicle telling the officer he has been out of work for a awhile and this was really going to hurt, my husband was given a ticket for "Failing to maintain his lane". When my husband asked why he was getting a ticket for making a U-Turn in a designated area the officer replied" Well I had to write up something." When my husband asked why aren't you ticketing the guy that hit me, he was then told to take it up with the Judge. No we don't think the officer was acting in any illegal way it all just seemed odd.
    Is there no failure to yield right of way in GA? Doesn't a person making a turn and already commited to making that turn have reasonable expectation of having right of way?
    Maybe as this is close to home as it gets I am biased, However my husband is the most careful driver's that it is annoying! His truck cannot exceed 62mph EVER (yes there is a governor to control it) and he has not had any accidents. I can't help but think this was seen as a "payday" accident.
    We are going to fight this ticket but it's going to be costly as we live in FL. and will have to drive back and forth for court. I have til April so if anyone can help or provide any viable information I would appreciate it greatly! I have looked on Lexis-Nexis but nothing seemed to pertain to this particular situation...
    Thank any and all ahead of time.....

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: Failure to Maintain Lane/ While Making a U-Turn

    Quote Quoting Paula67
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    Is there no failure to yield right of way in GA?
    Here is one: http://law.justia.com/georgia/codes/...cle-4/40-6-71/.

    Quote Quoting Paula67
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    Doesn't a person making a turn and already commited to making that turn have reasonable expectation of having right of way?
    I think you have it backwards there. The person going straight has a reasonable expectation that any vehicle turning through the intersection or crossing their path should yield the right of way to the vehicle going straight. So your husband, and assuming he is an experienced truck driver, should have prejudged the U-Turn and knowing he would not make it in one pass, should have yielded the right of way to the traffic coming towards/going straight through the intersection. So, in essence, the argument you're making about "right of way" could work against your husband!

    I couldn't find a statute that is described as "failure to maintain lane" so what statute is listed on the citation?

    Lastly, this is what I believe he should have been cited for: http://law.justia.com/georgia/codes/...le-6/40-6-121/ which states:

    O.C.G.A. 40-6-121 (2010)
    40-6-121. U-turns

    No vehicle shall be turned so as to proceed in the opposite direction:
    (1) Upon any curve;
    (2) Upon the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of another vehicle approaching from either direction;
    (3) Where such turn cannot be made in safety and without interfering with other traffic; or
    (4) Where a prohibition is posted.

    So depending on the language of the statute your husband was cited for, he may be able to argue that he was cited for the wrong code section.

  3. #3
    Join Date
    Feb 2011
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    2

    Default Re: Failure to Maintain Lane/ While Making a U-Turn

    Now that I have a diagram and more information here it is..... My husband was in a designated U-Turn lane, 2 vehicles were over 2000 feet away, my husband proceeded to make his turn, however you cannot make a u-turn in a car in one lane nor can a semi, so he took up both lanes, he backed the tractor up and as he pulled forward the pick-up went past and hit the front of my husbands truck. The pick-up was half in right lane and half on shoulder. Pick-up driver told my husband "I thought you were letting us thru." There was no intersection involved and again reasonably safe distance was present. The other vehicle did stop to wait however the pick-up driverwas going so fast that after hitting my husband, his pick-up fish-tailed twice before stopping for at least 500 ft.
    Again my husband was already making the turn with more than a reasonable amount of distance from oncoming traffic. If he was already across 2 lanes does that not then make him committed to his turn?? And how can that be failure to yield on his part when the other driver went past he was using part of curb lane and part of shoulder to do it?????
    The GA u-turn laws you provided does not seem relevant as there was over 2000 feet therefore providing more than enough "safe distance".... Again what about the "already committed to a turn and oncoming traffic not yielding part"? I mean I know if I saw a semi turning in the road i know I wouldnt try to act like a moron and keep speeding toward it... unless I saw a pay day! Oh and BTW the pick-up driver has since decided he had injuries well after the accident and now it is an accident with injury. Is there any lawyers in GA that can contact me? or help? as we are definately going to be in court fighting this to the end.
    The code for my husband's ticket is 40-6-48
    Thank you for your help.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
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    Default Re: Failure to Maintain Lane/ While Making a U-Turn

    Quote Quoting Paula67
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    The other vehicle did stop to wait however the pick-up driverwas going so fast that after hitting my husband, his pick-up fish-tailed twice before stopping for at least 500 ft.
    Did the pick up driver receive a "too fast for conditions" citation? I don't know... But even if he was going "too fast" that does not relieve your husband from yielding the right of way to oncoming traffic regardless of whether he was in a designated U-Turn lane or not...

    Quote Quoting Paula67
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    Again my husband was already making the turn with more than a reasonable amount of distance from oncoming traffic.
    A "reasonable amount of distance" would suggest that he does not interfere with the orderly movement of oncoming traffic. But that's just the way I am seeing it...

    Quote Quoting Paula67
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    If he was already across 2 lanes does that not then make him committed to his turn??
    Yes, he was committed to his turn (he was already halfway through it)... But being committed to the turn does not necessarily relieve him from the duty to yield the right of way (i.e. not interfere with traffic that had the right of way).

    Just because he was in a turning lane (i.e. committed to his turn) does not necessarily mean that all other traffic (specifically, cross traffic) has the duty to yield to him.

    But your husband is free to argue whatever he feels will get him out of the citation.

    Quote Quoting Paula67
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    The GA u-turn laws you provided does not seem relevant...
    I disagree... Your husband was making a "U-Turn" at a time where cross traffic was approaching his location... By doing so, he "interfered with the orderly movement of other traffic"... Looking at the statute again: 40-6-121. U-turns: No vehicle shall be turned so as to proceed in the opposite direction.... Where such turn cannot be made in safety and without interfering with other traffic...

    The fact that his turn was made at a time when other traffic was approaching, and his presence across the roadway was "one reason" why the collision occurred (had he waited for cross traffic to go by the collision would not have happened the way it did), would imply that the turn was NOT "made in safety".

    Quote Quoting Paula67
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    ... there was over 2000 feet therefore providing more than enough "safe distance"....
    Well, the fact that an collision did in fact occur, would suggest that the 2000 foot distance was NOT a "safe distance"...

    Quote Quoting Paula67
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    I mean I know if I saw a semi turning in the road i know I wouldnt try to act like a moron and keep speeding toward it...
    You would do it as a courtesy to the driver making the turn and to avoid an accident. But that by no means would suggest that you did not have the right of way nor does it mean that the other driver's action (turning in front of you) did not constitute a violation of the rules of the road!

    Quote Quoting Paula67
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    Is there any lawyers in GA that can contact me? or help?
    I am not aware of any GA attorneys on this forum (I could be wrong though). So it would be in your husbands best interest to call around in the area where his court appearance is scheduled... That way he's getting an attorney who's more familiar with the local court's rules/procedures/judges/prosecutors...

    Quote Quoting Paula67
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    Ias we are definately going to be in court fighting this to the end.
    Good luck!

    Quote Quoting Paula67
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    The code for my husband's ticket is 40-6-48
    § 40-6-48. Driving on roadways laned for traffic
    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;
    (2) Upon a roadway which is divided into three lanes, and provides for two-way movement of traffic, with two lanes in one direction, a vehicle being driven in a continuous or center lane shall have the right of way when overtaking and passing another vehicle traveling in the same direction;
    (3) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices or road striping;
    (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.
    HISTORY: Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 62; Ga. L. 1967, p. 542, §§ 2, 3; Code 1933, § 68A-309, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5.
    I am not preview to the design elements of the roadway in question or how many lanes it has in each direction, so I will leave it with you to apply to your diagram to establish which subsection, if any, applies under the circumstances.

  5. #5
    Join Date
    Feb 2011
    Posts
    1

    Default Re: Failure to Maintain Lane/ While Making a U-Turn

    Is Driver profiling/pilfering gitting out of control at the citizens expense?
    I just got a citation for the same code 40-6-48 - the city officer came flying up behind me about 11:15pm tonight, like someone in a hurry. I start pulling over to the shoulder to let them by and he turns on his lights, "Ah man it's the law, what are they flying up on me like that for?" I wonder. "And what's he stopping me for?" I'm thinking. So the afficer ask for my license and we play the waiting game for about 15min. Then the (scooby-do drug duo) pull up and ask me something I was reluctant to answer without an explanation, he then ask me to get out of the vehicle like he's about to jump all over me. He ask me if I have or had any drugs or alcohol personally or in the vehicle any time tonight? To which I reply no. Now what's this all about I ask? He says "We'll ask the questions, you just give us some answers, now which way are you going - home?" I reply sarcasticly "> that away" refering to the direction my vehicle is pointed. So he ask do live that way, I say yes, he ask what's my address, I tell him. He ask me a few more routine questions then we just look at each other until the initial officer slowly comes up and again I ask my same questions and scooby-doo man say's we'll tell you after he gives you your citation, "CITATION FOR WHAT?" - I ask, Officer !@#$%^&*. He say's "Failure to maintain lane," Boy, I'm boiling right about now, and they back away to there vehicles and tell me that I can go now, as if nothing just happened, as if it is good for me to get behind the wheel feeling like setting it off. So after a few deep breaths I did as they said. And here I am Looking for Justice.

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