Improper Passing Citation GA Code 40-6-43
This is a discussion on Improper Passing Citation GA Code 40-6-43 within the Traffic & Speeding Tickets forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; Hello All, I was wondering if anyone may have some advice for me. Recently I was involved in an accident. ...
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|Dec 21st, 2008, 08:27 PM||#1|
Improper Passing Citation GA Code 40-6-43
I was wondering if anyone may have some advice for me. Recently I was involved in an accident. I was traveling down a residential road in the morning on my way to work. This road's width on each side (right and left) is the equivalent to two lanes. So imagine a 4 lane road 2 lanes on left, 2 lanes on right separated by yellow double lines. This road continues up to intersect with a major highway before the intersection the road splits into 3 lanes, one lane is a turning lane to the left, one lane is the middle lane going straight across the intersection and one lane to the right turning right. Before the road splits into these lanes there are "private driveways" to businesses and a shopping center to the right and left. As I was traveling towards the intersection, the people in front of me signaled turn left and also moved their cars to the furthest left side of the road, I was continuing straight and begin to overtake these cars to the right, at the same time there was an individual that was turning left that decided to wave a car out into traffic from a private driveway to the immediate right. This car did not stop at the end of the driveway and look to observe oncoming traffic, it was like they had complete trust in the individual waving them on. They did not see me, and pulled out in front of me. My car collided into the rear driver side back door. When the officer arrived I was shook up and tried to proceed and give my statement. I think that I was talking to fast trying to explain what happen because the officer interrupted me and said "Im confused. Let me go over here and talk to them." After that he told us to pull over into the shopping center. He then cited me a ticket for improper passing to the right. And a week later I went to the precinct to obtain the police report, and all of a sudden there is an "unidentified phone-in witness" that stated that I was passing them to the right at a high speed. At the time of the accident there were no witnesses. I tried to contact the witness at the phone number stated on the report and the person does not answer, however their voice mail does and the name stated is not the name on the report given. Anyway the officer said that I could not pass these cars to the right because the cars that were signaling left were actually going straight towards the red light to turn left on the main highway ahead about 20 car links ahead not at the shopping center intersection where their positions lead me to believe from my perspective coming from behind. I did not know that these cars were going straight to the red light and that information was known only after the accident. If you read the code law the officer cited me for it states :
(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(1) When the vehicle overtaken is making or about to make a left turn; or
(2) Upon a street or highway with unobstructed pavement of sufficient width for two or more lanes of moving vehicles in the direction being traveled by the overtaking vehicle.
(b) If otherwise authorized, the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.
So knowing this information and applying it to my circumstance, (1) the car I was trying to overtake indicated a left turn, I cannot read minds the cars indicated a left turn and stopped at an intersection to their left which made it look like that was their indicated direction not to go straight 20 car links ahead to turn left. (2) the road on which I was traveling on was the equivalent to two lanes so this indicates to me that "unobstructed pavement of sufficient width for two or more lanes...." applies to me and (3) I did not execute this maneuver by driving off the road way. Why was the other driver not cited for failure to yield-right-of-way? Am I interrupting this correctly? This is my defense in court is it plausible?
Thank you for your help.
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|Dec 26th, 2012, 12:55 AM||#2|
First be aware that lane width is not a legal stance.
How many marked lanes are there on this section of road?
Width equal to 2 lanes or 3 lanes or 5 lanes marked as one lane is only one lane, so find out before trial.
Second, did i understand correctly that someone in the left most turn lane let someone into traffic? that new car entering the roadway from a parking lot can not ocupy the left turn lane if he is not going to turn left.
if he is going straight then he must use the straight lane only.
In trial if you explain with more than 20 words then you may loose. Even if you are right.
I am not a lawyer or law student.
I grew up on motorcycles driving stupidly and wreklessly and have been to court many times for my actions but often won due to other people explaining with details.
The longer your explination is the more chances for misunderstandings there will be.
The cop already did not listen well. Dont assume the judge will be any more patient or... reasonable.
The more details your story hhas, the more they will feel that it is a smoke screen.
If you were going straight and someone pulled into your path and hit you in your lane then you may and should win or you may be charged with "to fast for conditions"
but if you passed in the same lane regardless of how wide that lane is then you were in the wrong .
If you passed in the right turn lane but you wanted to go straight then you are in the wrong.
Where is the lane that is legal for you to pass in?
if you are both going straight and there is only one lane going straight?
It sounds to me like either someone pulled into your lane or you passed in the same lane.
I am not understanding how the new car entering the roadway from the parking lot should have any faith or lack of faith in the driver letting him into traffic.
If i misunderstood and there are 4 marked lanes here, thst would be 1 left turn lane and 1 right turn lane and 2 straight lanes? then he enters the left straight lane and you ocupy the right most straight lane and there should be no imapct between you.
Let me clairify that if you explain to the judge what you said herevyou will lose but if you ignore what the other drivers did and why and only explain that you were going straight and someone pulled into your lane then you should win.judges are used to lies and excuses.
Liers include details.
Excuses and stories are what judges expect.
Answer the questions as briefly as possible and dont explain things.
|Jan 17th, 2013, 08:21 AM||#4|
Join Date: Jan 2013
Re: Improper Passing Citation GA Code 40-6-43
Yesterday, I was travelling down a two lane road and I signaled to pass a vehicle in from to me on our left. One thing I do want to mention is the broken line was on our side of the road and the solid line was on the opposite side of the road. His signal was not blinking so I did not know whether he was making a turn or just stopping. When I proceeded to pass him, he turned his vehicle and I hit his vehicle on his driver's side door. I totaled my truck. When I walked over to the guy in his vehicle I looked at his tail light to see that it was already broken. No one was injured. The traffic officer who came on scene wrote me a ticket for improper passing saying it was my fault, but I don't think he cited the other driver for a busted tail light. Who is right and who is wrong?
|Jan 17th, 2013, 08:24 AM||#5|
Top Level Member
Join Date: Oct 2012
Re: Improper Passing Citation GA Code 40-6-43
Generally speaking, you are at fault unless you can overcome the burden to establish the accident was a proximate cause of his actions.
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