Experienced Failure to Maintain Lane Lawyer
in Morgan County, Georgia

Failure to Maintain Lane Defense Traffic Attorney in Morgan County Georgia

Failure to Maintain Lane ranks among the most common traffic offenses in Georgia. Often linked to accidents or serving as the initial basis for DUI investigations, this violation entails failing to stay within the designated lane without crossing or touching the lane lines.

Whether veering left or right, drivers must signal and ensure safety before changing lanes. If you’ve received a citation for Failure to Maintain Lane or face DUI charges following such an incident, it’s crucial to seek legal counsel as soon as you can. Contact Michael Fulcher, Morgan County, Georgia Traffic Attorneys located in Madison, today for expert guidance and legal representation.

What is Failure to Maintain Lane in Georgia?

Failure to Maintain Lane in Georgia, O.C.G.A. §40-6-48, is defined as:

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.

Contrary to common belief, this violation isn’t limited to weaving across lanes but also encompasses instances where a driver touches the white or yellow lane lines. Moreover, being pulled over for this offense can lead to a DUI investigation if the officer detects evidence such as the odor of alcohol. Our experienced Georgia Failure to Maintain Lane Attorneys understand the nuances of this law and can leverage it to your advantage, ensuring favorable outcomes for your case.

Failure to Maintain Lane & DUI Probable Cause

When it comes to DUI cases, law enforcement must adhere to constitutional protections, particularly the probable cause requirement, before charging someone with a criminal offense. This means that officers need valid reasons to suspect impairment before making an arrest. Factors such as the smell of alcohol on your breath or slurred speech can contribute to this suspicion.

Additionally, officers observe behaviors like weaving, swerving, or driving on the wrong side of the road as clear indicators of potential impairment. However, even a minor infraction like Failure to Maintain Lane can provide grounds for establishing probable cause for a DUI suspicion. These nuanced observations and behaviors contribute to the overall assessment of a driver’s impairment level.


Facing legal challenges, whether it’s a DUI, criminal charge, or navigating traffic-related offenses, requires a skilled advocate. Turn to Michael Fulcher Law for a blend of legal expertise and unwavering client service from a former Georgia prosecutor. Discover the optimal legal solution for your situation by calling our criminal defense law firm at (706) 438-1555 or reaching out online. Schedule your free consultation today and gain a clearer path forward.

What is the Penalty for Failure to Maintain Lane in Georgia?

When issued a ticket for Failure to Maintain Lane in Georgia, the penalty typically includes a minor fine and three points added to your driver’s license.

  • While this may seem insignificant, accumulating 15 points within two years can result in a six-month license suspension
  • For drivers under 21 years of age, just four points can lead to license suspension

It is worth noting, a “Failure to Maintain Lane” charge often accompanies other charges like a DUI or marijuana possession charge, carrying some severe consequences. “Failure to Maintain Lane” is a misdemeanor offense in Georgia. This means that the maximum fine is $1,000 plus court costs and fees. There is no minimum fine. To navigate these complexities effectively, it’s advisable to enlist the services of skilled Failure to Maintain Lane attorney, Michael Fulcher, in Madison, Georgia from the outset.

What are examples of Failure to Maintain Lane in Georgia?

Here are some instances that could lead to a citation under O.C.G.A. § 40-6-48, the Failure to Maintain Lane statute in Georgia:

  • Crossing over the center line, as observed in cases like, Arsenault v. State, 257 Ga. App. 456, 571 S.E.2d 456 (Ga. Ct. App. 2002).
  • Even slight contact with the lane line can constitute a violation, as established in cases such as Kuehne v. State, 274 Ga.App. 668, 618 S.E.2d 702 (2005).
  • Circumstantial evidence, like a vehicle leaving the roadway and ending up in a nearby area, can support a conviction for Failure to Maintain Lane, as seen in Shlanger v. State, 290 Ga.App. 407, 659 S.E.2d 823 (2008).
  • Making a wide turn that crosses the lane line can also be considered a Failure to Maintain Lane, as illustrated in cases like King v. State, 317 Ga.App. 834, 733 S.E.2d 21 (2012).

What are possible defenses to Failure to Maintain Lane in Georgia?

Here are a couple of defenses to a Failure to Maintain Lane charge in Georgia:

Lack of Clearly Marked Lanes: Georgia courts have ruled that there must be evidence of clearly marked lanes for a Failure to Maintain Lane charge to apply. Therefore, on unpaved or single-lane roads, it may be challenging for the state to prove the violation.

Defensive Driving: Leaving one’s lane to avoid an accident can serve as a possible defense against Failure to Maintain Lane charges. For instance, if swerving into another lane prevents a collision with a reckless driver, this action may be considered justified.

Contact Our Georgia Failure to Maintain Lane Lawyer Now

Whether you’re facing a minor traffic violation or a more serious offense in Morgan County, Georgia, understanding your legal options is crucial. A skilled Georgia Traffic Ticket Attorney can help you navigate the complexities of the legal system, saving you potential fines, preventing points on your driver’s license, and sparing you from the inconvenience of traffic court appearances.

If you’ve been charged with Failure to Maintain Lane or any other traffic offense, don’t hesitate to call Michael Fulcher at (706) 438-1555 or contact him directly online to set up a free consultation and the support to move forward with confidence.


“Mr. Fulcher has been tremendously helpful with my case. Since hiring him he has consistently returned my calls as quickly as he can. We discussed an ideal outcome, and I set about doing exactly as he said. Following his advice we were able to get a very favorable outcome. He is always quick to answer any questions, and has stayed very engaged with me throughout this ordeal. Michael provides excellent counsel, and I would recommend him to anyone!”