According to the state law in Georgia, using illegal driving practices to pass another vehicle on the road is considered a traffic violation. There are several circumstances under which the passing of another vehicle is considered illegal, whether or not the maneuver was executed successfully.
If you've been ticketed for improperly passing another vehicle on the road, you might be able to challenge the terms of the ticket in court. Before doing so, however, it is recommended that you first speak with an Atlanta criminal lawyer such as Attorney Sailers about the conditions under which your ticket was issued.
When is it illegal to pass another vehicle?
In order to ensure that the safety of all drivers on the road is maintained as best as possible, the Georgia Department of Driver Services (DDS) has thoroughly outlined safe vs. unsafe driving practices. Unfortunately, many of the driving guidelines issues by the DDS are not widely practiced; in fact, some go virtually unregulated in most circumstances. This, however, can change with only one law enforcement officer. An otherwise cautious driver can still be ticketed for an offense that has been made by many other drivers on many other occasions. Ultimately, it comes down to the mercy of the officer who pulled over the driver.
If you feel that you were issued a traffic citation unfairly, Attorney Sailers can review your case and help you determine the best way to challenge your ticket in court. In some circumstances, there is legitimate cause to challenge the conditions under which an improper passing citation was made. In others, however, it could be more difficult. Typically, valid claims of this nature are made after one of the following circumstances has occurred:
The Georgia Point System
- The driver attempted to pass a school bus
- The driver attempted to pass while going uphill or going around a curve
- The driver attempted to pass in an undesignated area; i.e. a one-lane highway
- There was not enough room between the passer and the slower driver to safety make a pass
- The slower driver's speed increased at the same time that the faster driver attempted to pass the car
The Georgia Point System was established by the DDS as an objective means of assessing traffic violations of every nature. The Point System ranges from 2 to 6 points for any given offense, and improper passing offenses often tally points at the higher end of this spectrum. For example, Offense Code §40-6-45 applies 4 points to persons who improperly pass on a hill or curve, and Offense Code §40-6-163 applies 6 points to the unlawful passing of a school bus.
The significance of high-point offenses is their ability to equate to license suspension. Any Georgia driver who accumulates 15 or more points within a 24-month period will have their license suspended. For this reason, it is important to take legal action early. No matter how many points you already have on your driving record, there is always the potential to accrue more, thus bringing you closer to license suspension.
To avoid the loss of your driving privileges, you should not wait to speak with a traffic ticket attorney. When you have an experienced criminal defender on your side that can help you challenge your ticket, you might be able to avoid accruing any points at all. Therefore, you should not hesitate to contact Atlanta's premier criminal defense lawyer, Andre Sailers. Skilled in his practice, and effective in his methods of defense, you can soundly rely on the efforts that he will invest on your behalf.