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  1. #1

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    GA Driving Wrong Side of Road - Can I beat Ticket?

    I got a ticket for driving on the wrong side of the roadway. I was on a small road leading up to a large road and the traffic was backed up about 1/4 of a mile. I wanted to turn left into a gas station/McDonalds with an entrance on the road. There was traffic stopped in front of me (and had been for several minutes). I got within about 10 feet (one car length) of the entrance and the traffic was at a standstill. I checked to make sure no one was coming out of the station or was on the road. I then turned into the driveway. There was a policeman there ticketing people as they came in for crossing the double yellow line. He apparently wrote over 70 tickets that day.

    I was charged with violating GA code (40-6-40) which states: Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows: (Skip to relevant code) 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 unobstructied portion of the highway within such a distance as to constitute an immediate hazard.

    When talking to the policeman, he did agree that I was the distance I stated above from the driveway. Do I have a chance to beat this ticket? Or will I just get in more trouble for even trying?



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    Traffic doesn't count as an obstruction. They are talking about hazzards in the roadway, such as the errant ice chest, sofa, etc.

  3. #3

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    Can I talk to the DA and get the ticket reduced to something else?

    How long after you pled guilty or do a NOLO does it get updated on your driving record? My court date is mid June and my insurance renewal is in mid July.

  4. #4
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    Well you can't get in any trouble for trying. I would explain to the judge how far you where traveling (one car length, and the officer agreed with you on that distance), in the other lane and explain that you thought there might be an obstruction in the roadway that was casing traffic to back up. I would also state that you thought it would be safe to pass because under 40-6-44 it states that you may proceed in the same direction before coming within 200 feet of any approaching vehicle. (And you clearly checked both the oncoming lane of travel and private roads before entering the opposite lane.)

    If none of this works simply ask the judge if they would kindly charge you the fee and not charge any points on your license due to the misunderstanding.

    Good Luck

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