Violation and Code do not match- Georgia

[Chipotle]

What is the name of your state? Georgia

Greeting all. I recently got stopped for "driving on wrong side of roadway." Traffic was backed up by a turn lane, which was blocking me from going straight. So from a complete stop I cut to the left to go around two vehicles so i could go straight. That took me into a turn lane for the opposite direction. And i was only in there for abot 2 car lengths. There was no oncoming traffic at all. The officer wrong on the ticket as the offence "Wrong side of roadway." The Violation code he wrote is 40-6-40. The code he cited when i look it up is for obstructing traffic, which is not the case. The actual code for driving on the wrong side of the road is 40-6-41. The fine is not to bad but still sucks at $105, but its my insurance I dont want messed with. I havent had any violation in over 4 or 5 years, so my record is great and so are my rates. And I dont want to plead no-lo on something like this. Let me know if i can get this dropped as a technicality. Or can make a plea to keep it off my record.

 

[seniorjudge]

What is the name of your state? Georgia

Greeting all. I recently got stopped for "driving on wrong side of roadway." Traffic was backed up by a turn lane, which was blocking me from going straight. So from a complete stop I cut to the left to go around two vehicles so i could go straight. That took me into a turn lane for the opposite direction. And i was only in there for abot 2 car lengths. There was no oncoming traffic at all. The officer wrong on the ticket as the offence "Wrong side of roadway." The Violation code he wrote is 40-6-40. The code he cited when i look it up is for obstructing traffic, which is not the case. The actual code for driving on the wrong side of the road is 40-6-41. The fine is not to bad but still sucks at $105, but its my insurance I dont want messed with. I havent had any violation in over 4 or 5 years, so my record is great and so are my rates. And I dont want to plead no-lo on something like this. Let me know if i can get this dropped as a technicality. Or can make a plea to keep it off my record.

I havent had any violation in over 4 or 5 years, so my record is great ....

I wouldn't call this record great; but ask the prosecutor when you go to court if you can get it dropped to a non-moving violation.

 

[Chipotle]

Thanks for the reply. Well my insurance thinks its great and thats really all i care about. I was stupid when younger and almost lost my license, but after time and years, I had calmed down. Sure I can ask him for that. But is that what I ask on my initial court appearance to the solicitor. If i remem correctly it seems that is who you talk to first. And if he is a jerk which had happened to me in the past, and will not budge, I can then go for not guilty. I do not want to just take this lying down.

 

[seniorjudge]

Thanks for the reply. Well my insurance thinks its great and thats really all i care about. I was stupid when younger and almost lost my license, but after time and years, I had calmed down. Sure I can ask him for that. But is that what I ask on my initial court appearance to the solicitor. If i remem correctly it seems that is who you talk to first. And if he is a jerk which had happened to me in the past, and will not budge, I can then go for not guilty. I do not want to just take this lying down.

Yes, talk to the solicitor (prosecutor).



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[Two Bit]

Actually, 40-6-40 is a correct code section for Driving on the Wrong Side of the Road. There are several code sections that could be used to charge this. The first sentence of 40-6-40 reads:

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

Now if you read down a little bit more, you might notice a possibel defense:

(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;

There is acutally a code section that would have prohibited what you did. It governs the use of the center turn lane, but I always have a hard time finding it, and my cheat sheet is out in my patrol car.