How an Improper Left Turn Can Lead to DUI Charges in Georgia

Obeying Georgia’s traffic laws is about more than avoiding a possible ticket. It is also about making sure the police do not have an excuse to investigate you for possibly more serious crimes, such as DUI or drug possession. Keep in mind, many arrests for these types of offenses start out as “routine” traffic stops. And law enforcement counts on the fact that many drivers ignore–or simply forget–the basic rules of the road.

Georgia Supreme Court Holds Amended Traffic Rule Is Not Unconstitutional

Consider this recent decision from the Georgia Supreme Court, State v. Newsom. In this case, a police officer observed the defendant driving westbound on US-78 towards Georgia Highway 61. The defendant entered the sole left-turn lane on US-78 and made a left turn onto the southbound, right-hand lane of Highway 61. This is when the officer initiated a traffic stop.

Under Georgia law, a driver making a left turn must “exit the intersection” at the “extreme left-hand lane lawfully available to traffic moving in the same direction as the turning vehicle on the roadway being entered.” Here, the defendant turned into the right-hand lane, not the left-hand lane. That was the basis for the traffic stop.

During that traffic stop, the officer suspected the defendant was intoxicated, leading to the defendant’s arrest on DUI charges. Before the trial court, the defendant argued the traffic stop was unlawful because the left-hand turn rule was “unconstitutionally vague,” and therefore violated his right to due process under the Fourteenth Amendment to the United States Constitution. The trial court agreed with the defendant and dismissed the DUI case.

The state appealed. As this addressed a constitutional challenge, the appeal proceeded directly to the Georgia Supreme Court. In a unanimous decision, the Supreme Court reversed the trial judge’s ruling and held the left-hand turn rule was not unconstitutionally vague.

As the Court explained in its decision, there was a previous version of the traffic rule that was unconstitutionally vague. The prior rule stated that a driver must “leave” the intersection in the extreme left-hand lane. The current rule, as previously noted, requires the driver to “exit” the intersection in the extreme left-hand lane.

You might not think changing a single word would make a difference, but it did as far as the Supreme Court was concerned. The Court previously struck down the version of the law that used “leave” because it “gave two conflicting directions to drivers” when read with the rest of the statute. The use of “exit,” in contrast, only allowed for a single meaning.

Contact Hawkins Spizman Trial Lawyers Today

A drunk driving case often hinges on the legality of the underlying traffic stop and the arresting officer’s actions during that stop. Our Georgia Board certified DUI lawyers can review your case and advise you of potential problems with the state’s case against you. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=4569a9ef-fc5c-4255-9500-14dc82621183