Question: I was reading your blog about and I also got a DUI in Dunwoody and I have some questions. The Dunwoody cop who charged me with drunk driving said I failed to maintain my lane and that's why he pulled me over. So he basically said that the reason he pulled me over was because I swerved. I have questions about the failure to maintain lane charge.
But the reason I swerved is because I bought a new “Supreme” brand shirt the other day off the internet and it was delivered that day. It cost over $100.00. And when I was driving I was drinking cherry soda and I spilled it on my shirt. I was pretty upset that I spilled the soda on my shirt, which was expensive.
So I wanted to clean my shirt and I was looking for napkins in my car and I admit I reached over and when I did I think the car swerved, and the cop saw it. That's when he made me get over and he started to question me about drinking and driving. To be honest, I don't drink and drive. But I did have a few beers at a party where we were watching football. I bet he smelled it and that's when he kind of got in my face and was asking a lot of questions.
He asked me how much I had to drink and I said none. But I didn't want to lie to a cop, so I said a couple like two minutes later. He didn't believe me, I guess, and then he arrested me. He I thought I passed all his tests, so I was surprised. I never thought I'd get arrested for DUI. I know my brother, who's a major alcoholic, has like 5 DUIs. But I really don't drink that much.
Later that night I took his breath test and I got a .211, so it sounds like I was drunk, but I didn't feel super buzzed or anything.
I know I need a Dunwoody DUI lawyer and my question is actually about the failure to maintain lane charge. I don't think I swerved that much, I mean I just wanted to clean my Supreme shirt which got soda on it, so I want to know if I really was failing to maintain my lane. So do you think the Dunwoody cop was right?
V.C. in Sandy Springs, GA
Answer: It's impossible to say if the Dunwoody cop was right. We can't tell just from the information you describe if the stop of your vehicle for failure to maintain lane was justified.
We'd certainly like to know if the officer has video of the alleged failure to maintain lane violation.
Georgia law is actually somewhat ambiguous on this issue. If a lane change can be made safely, then it might not be failure to maintain lane under the statute. Under the Georgia law, O.C.G.A. 40-6-48, when a road has been divided into two or more clearly marked lanes for traffic, a vehicle shall be driven as nearly as practicable entirely within a single lane.
Many times, however, if a vehicle swerves, a law enforcement officer will initiate a traffic stop and charge the driver with failure to maintain lane. And then the officer will try to determine if the driver is under the influence of any drugs or alcohol and try to make a case for DUI.