231, 464 S.E.2d 651 (1995); Hitchcock v. McPhail, 221 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. Defendant's Fourth Amendment rights were not violated by a traffic stop because there was probable cause that the defendant violated O.C.G.A. Failure to Maintain Lane in Georgia | Kevin R. Fisher Is failure to maintain lane a misdemeanor in Georgia? 40-5-56 mandates the suspension of the driver's license of any individual who fails to appear in court in Georgia or in another state for a traffic violation (not including parking tickets). All of these actions are criminal behavior and treated harshly by the law. Kuehne v. State, 274 Ga. App. Ensure that everyone in the vehicle (or vehicle) are safe. (A) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, or wherever within municipal corporations traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply: (1) A vehicle or trackless trolley shall be . - Defendant's motion to suppress was properly granted as the officer lacked reasonable articulable suspicion to justify the stop of the defendant's vehicle because it was not entirely clear that the defendant failed to maintain the defendant's lane as it was not clear that the defendant's car went over the road's far right white line; and, even if the defendant did drive over the white line, the defendant appeared to do so to avoid the officer's patrol car, which was drifting into the defendant's lane. Because there was some evidence, even from the state's witnesses, that showed that the defendant committed an act of following too closely, a traffic violation other than the more culpable offense of DUI, that such evidence not only showed that the defendant committed the less-culpable offenses of following too closely and of failing to maintain the defendant's lane, that may have caused the collision and resulting death, the trial court erred in failing to give the defendant's written request for an instruction on second-degree vehicular homicide.

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