Legal Question in Traffic Law in Georgia

I am a CDL licensed driver in the state of Texas with 14 years experience and zero traffic violations within the last 3 years. My only violation ever was a speeding ticket issued by the state of Washington in (+-) June of 2008 for 70 mph in a 60 mph zone. I paid the ticket and the matter was settled.

On 1/4/12, while traveling, in a tractor/trailer rig, through the Atlanta, GA area (in Dekalb County,GA) and I was cited with a "lane restriction violation" in an unincorporated area in rural Dekalb County on 1-20. It was a 3 lane highway, with the farthest left lane restricted to include no truck traffic. There was medium traffic, it was dry, and in the daylight hours.

Short synopsis = I was traveling behind a pickup truck that was weaving and failing to control their speed (39-47 mph in a 60mph zone). The driver of the pickup was on a cellphone and trying to balance, what appeared to be a small piece of furniture, in the center of his seat. I was in the center lane and the right lane was fully congested. The restricted left lane was completely clear and passable. I first tried slowing in order to create space from the pickup. When I did this, other vehicles passed me and "swooped" back in front of me not knowing that they (2 different cars) then had to make emergency type action in order to prevent a collision with the pickup. I then decided to go around the (drunk/high/diabetic) pickup driver and get ahead of the danger. I was in the restricted lane less than 10 seconds and almost past the pickup when a Dekalb County Sheriff's Deputy turned on his lights and pulled me over. I was then cited for "Lane restriction tractor/trailer" and it was noted to be a violation of State law #40-6-52. My court date on the summons is 2/7/12.

My questions; (1) What is your opinion of my chances of getting the ticket reduced to a non-moving violation or dismissed if I appear in the court (without counsel)and state my case? (2) Also, GA State law for a lane restriction violation is not 40-6-52, as noted. 40-6-52 is a restricted highway violation. 40-6-51 is the correct code for a lane restriction violation. Would this clerical error on the citation itself create the basis for a possibly successful argument? (3) What is your opinion as to my better choice, go in without representation and tell my story or pay more than the fine to a local attorney and have them have the ticket reduced and the matter not show up on any but their local records?


Asked on 1/26/12, 5:40 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

A misstated code section can be of little help, as the solicitor can amend the charge and draft a new accusation. Only if the case starts with the wrong code section, and you have experienced counsel, is that likely to help.

Given the enormous economic value of a CDL and the effect of even one ticket on a CDL, where you feel you have a strong factual defense, you definitely should retain counsel to represent you.

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Answered on 1/26/12, 10:26 am


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