Q: What are my chances of successfully having a citation for violating ocga 40-6-44 thrown out?
I live in Georgia and was ticketed in the City of Atlanta for violating ocga 40-6-44. However, I was not attempting to pass or overtake anyone. I was simply making a left hand turn, and there were no oncoming cars within several hundred feet. The officer simply told me that I didn't wait my turn in line (not sure what he means by this), but when he showed me the dashcam footage after issuing the citation, there's absolutely no video of me passing other cars on my right. The ticket reads, "Drive left of center." Traffic was extremely heavy. All he can see is me pulling out and turning left. [And there's nothing else to see. The officer had just turned into the oncoming lanes.]
ETA- I was driving on a road with two lanes in each direction. The road was divided by a double yellow line, and I turned left where there was a break in the double yellow.
A: It sounds like you have a valid argument against this charge. To give you an informed response, a lawyer would need to review the dashcam video and better understand the context of the situation. We would be able to get the dashcam through discovery and fight to have the charge dropped.
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