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  #1  
Old 05-09-2008, 12:17 PM
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Join Date: May 2008
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Improper passing-wrong verbage on ticket


What is the name of your state? Georgia

I was pulled over and given a ticket under Ga code 40-6-40. ticket says 'drove on wrong side of road into oncoming traffic to get into turn lane.' The 'offense' is listed as 'improper passing on the right'. It should read 'left' as I was trying to get into the left hand turn lane. Can a ticket be thrown out for improper verbage?
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Old 05-09-2008, 12:48 PM
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Location: St. Odo of Cluny Parish
Posts: 27,411
The citation of the correct Georgia code makes the ticket valid.
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Old 05-09-2008, 02:21 PM
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Quote:
Originally Posted by seniorjudge View Post
The citation of the correct Georgia code makes the ticket valid.
If I were you I would go to court and point it out.

It's a difference when you say. "I shot him with a gun" and "he was shot with a gun"
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Old 05-09-2008, 05:36 PM
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Is this the information you're looking for?


5-9-08
jas4423

40-6-40
(a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(2) When an obstruction exists making it necessary to drive to the left of the center of the highway, provided that any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such a distance as to constitute an immediate hazard;

(3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or

(4) Upon a roadway restricted to one-way traffic.

(b) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

(c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center of the roadway except when authorized by official traffic-control devices designating certain lanes to the left of the center of the roadway for use by traffic not otherwise permitted to use such lanes or except as permitted under paragraph (2) of subsection (a) of this Code section. However, this subsection shall not be construed as prohibiting the crossing of the center of the roadway in making a left turn into or from an alley, private road, or driveway.

(d) No two vehicles shall impede the normal flow of traffic by traveling side by side at the same time while in adjacent lanes, provided that this Code section shall not be construed to prevent vehicles traveling side by side in adjacent lanes because of congested traffic conditions.

Google Search: Type in Speeding Tickets FAQ
Scroll to Will errors on the ticket result in the charges being dropped?

This site also has information useful for a driver should he decide to contest his ticket in court.
Some lawyers will consult one time for no fee or a modest one.
These lawyers can be found by checking the yellow pages in the phone book.
Information can be found by typing in KEY Words relating to a traffic violation. In Georgia for example Georgia Traffic Courts SHOULD bring up a choice of sites describing court rules.
For further information on the function of traffic courts, the rights of a cited driver, traffic school etc.Speeding Ticket--Fighting or Plea Bargaining can be accessed through Google.

Keep us posted,
Best Regards,
Hey There
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