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  1. #1
    Pisces225 is offline Junior Member
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    Failure to signal lane change

    I'm in Georgia... I got a ticket for changing lanes without using my turn signal. The officer did write "failure to signal lange change" on the ticket, but then wrote that I was in violation of code section 40-8-75 of state law. However, that statute has nothing to do with signaling lane change.

    I have two questions:

    Number one, I didn't think Georgia was a "must use blinker" state. As of at least a few years ago I know it wasn't a "must blink" state. Did they recently add this law?

    Number two, does it matter at all that the officer cited an incorrect statute on my ticket although they listed the offense correctly?

    TIA for any comments or advice!
  2. #2
    Pisces225 is offline Junior Member
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    If it helps, the statute listed on my citation is 40-8-75 which is completely irrelevant and pertains to commercial vehicles having to be equipped with mud flaps.

    The correct statue regarding lane changes is 40-6-123 subsection b.
  3. #3
    FlyingRon is offline Senior Member
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    It should be 40-6-123

    (a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Code Section 40-6-120 or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or change lanes or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate and timely signal in the manner provided in this Code section.

    (b) A signal of intention to turn right or left or change lanes when required shall be given continuously for a time sufficient to alert the driver of a vehicle proceeding from the rear in the same direction or a driver of a vehicle approaching from the opposite direction.

    (c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in this Code section to the driver of any vehicle immediately to the rear when there is an opportunity to give such signal.

    (d) The signals provided for in subsection (b) of Code Section 40-6-124 shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle or flashed as a courtesy or 'do pass' signal to operators of other vehicles approaching from the rear.

    I've never heard of a state that wasn't a "must use blinker" state.
    No, the incorrect statute number isn't enough to get you off.
  4. #4
    Pisces225 is offline Junior Member
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    Then what about some other threads where people asked about incorrect statutes being listed on the citation and other folks (one was a judge I believe) saying:

    "Request that the citation be dismissed with prejudice as the statute number listed is incorrect and prevents you from presenting a valid defense to the charges listed. I have seen this work a number of times.

    If the cop can't put the right number of the statute on the ticket, it should be dismissed WITH prejudice."


    So which is it? Is an incorrect statute listed on the citation a defense or not? Seems some people think it is.
  5. #5
    FlyingRon is offline Senior Member
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    Quote Originally Posted by Pisces225 View Post


    So which is it? Is an incorrect statute listed on the citation a defense or not? Seems some people think it is.
    Lots of people have notions that aren't grounded in fact. You can certainly make that defense, but in truth, it is unlikely to do anything for you.

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