Scott Miller is an experienced defense attorney in Alpharetta, Georgia, who knows what it takes to win traffic violation cases. 302, 381 S.E.2d 562 (1989); Allenbrand v. State, 217 Ga. App. What Are My Rights If Im Stopped by the Police? Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. This field is for validation purposes and should be left unchanged. 285, 491 S.E.2d 485 (1997); State v. Bowen, 231 Ga. App. The Georgia Department of Transportation reports that a drivers failure to maintain lane changes can result in particularly damaging consequences. You already receive all suggested Justia Opinion Summary Newsletters. Improper Passing of a Stationary Utility Service Vehicle, Use of Traffic-Control Device Preemption Emitter (while operating a motor vehicle), Improper/Erratic Lane Change/Failure to Maintain Lane, Driving Within Gore or Improper Entry to Controlled Access Highway, Failure to Yield when Crossing or Entering, Failure to Exercise Due Care Near Pedestrian, Disregard of Stop Sign at Railroad Grade Crossing, Failure to Stop at Railroad Grade Crossing, Failure to Exercise Due Care/Unlawful Use of Wireless Device, 1 point 1st offense 2 points 2ndoffense, Wearing Device Impairing Vision or Hearing, Improper Transportation of Infectious Substance, Violation of Duty Upon Striking Unattended Vehicle, Operation of Motorcycle Without Head/Taillight, Operating Personal Assistive Mobility Device While Intoxicated, Child or Youth Restraint not properly used (under the age of 8). This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, ARTICLE 3 - DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, FOLLOWING TOO CLOSELY. 759, 608 S.E.2d 35 (2004); Dunbar v. State, 283 Ga. App. or center lane shall have the right of way when overtaking and passing another vehicle As you near that turn, your right-side tires brush up upon the solid white line on the right side of the road. Sign up for our free summaries and get the latest delivered directly to you. 456, 571 S.E.2d 456 (2002). Ins. Although the surcharges are mandated by state law, the base fine can vary dramatically from court to court. Undisputed evidence that the collision occurred outside the defendant's lane of travel was sufficient for the jury to find that the defendant failed to maintain the defendant's lane of travel and was, therefore, guilty of second degree vehicular homicide. 484, 781 S.E.2d 591 (2016). 40-6-48 states that a vehicle shall be driven as nearly as practicable entirely within a single lane. It prohibits drivers from leaving their lane until they have determined that a lane change can be made safely. The offenses can be found within the Georgia Uniform Rules of the Road. Often individuals are pulled over by a DUI task force officer for slightly touching the line. For Open Records requests contact the Records Division at 706-542-5813. Acree v. State, 319 Ga. App. According to the courts, simply brushing up against a solid line or going slightly over it is grounds for an officer to cite you for failure to maintain lane. Cite this article: FindLaw.com - Georgia Code Title 40. I was arrested for street racing in Alpharetta. 300.200. Generally, in the U.S, drivers are expected to keep to the right-hand side of the road. A motor vehicle driver is not permitted to move from one lane unless the driver has first determined that moving lanes can be performed in a safe manner. 40-6-48, the Failure to Maintain Lane statute in Georgia? 40-6-48. lanes on sections of roadway, and drivers of vehicles shall obey the directions of An official website of the State of Georgia. Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent with this Code section, shall apply: (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained . Jenkins v. Gaither, F.3d (11th Cir. Whenever any roadway has been divided into two or more clearly marked lanes for traffic, . . A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety; Upon a roadway which is divided into three lanes, and provides for two-way movement of traffic, with two lanes in one direction, a vehicle being driven in a continuous or center lane shall have the right of way when overtaking and passing another vehicle traveling in the same direction; Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices or road striping; Official traffic-control devices may be erected directing specified traffic, including but not limited to buses or trucks, to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such device; and. He represented me in Cobb County Court last week for a super speeder ticket. Two-way lane. Here are some examples: Crossing over the center line can form the basis for a citation under O.C.G.A. Regardless of the seriousness of your case, if you are charged with any offense in Georgia, you should know what youre up against. 2008)(Unpublished). What Are the Penalties for Failure to Maintain Lane Ticket in Georgia? R. Crim. Therefore, it would be more difficult for the State to prove Failure to Maintain Lane on an unpaved dirt road or single lane back road. 499, 690 S.E.2d 892 (2010). X, 2 (AFF).] Asking For A Friend: How Much Is Too Much? the following rules, in addition to all others consistent with this Code section, (5)Official traffic-control devices may be installed prohibiting the changing of or where such center lane is at the time allocated exclusively to traffic moving in There are several potential defenses for individuals who are charged in the state of Georgia with failure to maintain a lane. On a public way that is divided into more than 2 lanes and one of those lanes provides for 2-way movement of . 735, 655 S.E.2d 328 (2007). 854, 737 S.E.2d 103 (2013). All drivers are urged to use common sense when operating their vehicles and avoid this type of reckless behavior. The fine is probably a couple hundred dollars. All data on this site is obtained directly from law enforcement agencies in their . 40-6-123(b) and told the jury that the defendant was charged with improper lane change in violation of that section. Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device. This news blog comes to you from the Alpharetta, Georgia traffic ticket defense attorney Scott Miller. 120, 663 S.E.2d 364 (2008), cert. This news blog is provided to you by the Alpharetta, Georgia traffic ticket defense attorney Scott Miller. Evidence supported conviction of failure to maintain lane, although in denying a motion to suppress, the trial court had stated that it was not clear whether a criminal violation had occurred, only issue at that time was the legality of the stop, which did not depend on finding that actual criminal violation had occurred; later finding of guilt of failure to maintain lane was supported by undisputed evidence that the defendant drove into a pothole and that it was not located in the lane of travel. 668, 618 S.E.2d 702 (2005). Disclaimer: These codes may not be the most recent version. Vehicle Code 22102 CVC makes it illegal for a person to make a U-turn in a business district, except at an opening where authorized. of the roadway, and drivers of vehicles shall obey the directions of every such device; Over 100 5-Star Reviews. Now Defending You. | https://codes.findlaw.com/ga/title-40-motor-vehicles-and-traffic/ga-code-sect-40-6-48/. Texas DPS arrests top-10 fugitive for parole violation August 3, 2022 Mark Lane Crime Stoppers, News 0 Contact us: 3446 Summerhill Road Texarkana TX 75503 903-255-7935 [email protected] However, a recent investigation of over 79,000 Texas prison inmates found that having a major psychiatric disorder was strongly associated with repeat . A citation concerning failure to maintain lane is one of the most common citations in Georgia. Georgia for FAILURE TO MAINTAIN LANE. Failure to comply with this is reason enough to be pulled over by an officer of the law and is reason to be issued a Georgia traffic violation ticket for failure to maintain lane. Motor Vehicles and Traffic 40-6-48 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. and passing another vehicle traveling in the same direction when such center lane 532, 532 S.E.2d 715 (2000); Moore v. Pitt-DesMoines, Inc., 245 Ga. App. . Kuehne v. State, 274 Ga. App. A motor vehicle was traveling in Marietta recently, when the driver. Reed v. Carolina Cas. traveling in the same direction; (3)Upon a roadway which is divided into three lanes and provides for two-way movement |. Augustin v. State, 260 Ga. App. Posted on 23/02/2022 georgia failure to maintain lane statute. Harridge v. State, 243 Ga. App. There are many potential defenses for motor vehicle driver who fails to maintain a lane. Handled 1000s of DUI cases Failure to maintain lane is one of the most common reasons law enforcement officers use to make a traffic stop. All people are presumed innocent until proven guilty in a court of law. In previous cases, Georgia courts have found that there must be evidence that a road was divided into two or more lanes clearly marked for traffic in order for a Failure to Maintain Lane charge to stick. Ivey v. State, 301 Ga. App. Client's speeding ticket dismissed in Cobb state court. Over 50 Years of Combined Experience For example, say youre going down the road, and youre reaching up on a turn. shall apply: (1)A vehicle shall be driven as nearly as practicable entirely within a single lane Gender: M. Height: 603. . Andrew Meadows - 05709 OPEN CONTAINER LAW{05709} - Georgia. Failure to Maintain Lane | DUI Georgia Our Firm Meet Our Attorneys Kimberly Berry Richard S. Lawson Locations Reviews Resources Case Results Glossary of DUI Terms Q&A DUI FAQ Contact Us Free Case Evaluation Areas We Serve Barrow County DUI Lawyer Carroll County DUI Lawyer Cherokee County DUI Lawyer Cobb County DUI Lawyer Coweta County DUI Lawyer 42-1-12, the Georgia Bureau of Investigation (GBI) is the central repository for Georgia's Violent Sexual Offender Registry. There is never a reason that you should plead guilty to a traffic violation ticket and accept the consequences without fighting first. Booking date: 2023-03-01 City/State/Zip: SENOIA, GA 30276 Race / Gender: ITE / MALE Age: 20 Height: 5'07" Weight: 240 CHARGES: Failure to maintain lane DUI of Drugs Marijuana Possession less 1 oz. If this is not possible, then you may wish to plead NOLO Contendre (No Contest). Davis v. State, 236 Ga. App. Georgia DDS Administering Socially-Distanced Driving Test, Georgia Considers Restoring Ex-Offenders Voting Rights, Warrant Application Hearings in Georgia Criminal Cases, Understanding Implied Consent in Georgia DUI Cases, Fulton County Fathers Day Restorative Justice Program, Bench Warrant Dismissal in Atlanta Municipal Court, Another Day, Another Dismissal (and Another Happy Client). Check that any involved vehicles are placed out of the way of oncoming traffic if this can be done safely. Because an officer witnessed the defendant driving completely from one side of the lane to the other numerous times, and in doing so the defendant's wheels at least partially crossed over the center of the white line separating the lanes. Misdemeanor Punishments in Georgia: Dont Plead Guilty Before Reading! See Kuehne v. State, 274 Ga.App. In other situations involving an unsafe lane change and either an accident, driving under the influence, or a second citation, retaining the services of skilled legal counsel can prove essential. Booking Number: 2023-00001018. 155, 786 S.E.2d 532 (2016); State v. Wallace, 338 Ga. App. Can a conviction for Failure to Maintain Lane affect my insurance? Sess., p. 556, 62; Ga. L. 1967, p. 542, 2, 3; Code 1933, 68A-309, enacted by Ga. L. 1974, p. 633, 1; Ga. L. 1990, p. 2048, 5.). | Recently Booked | Arrest Mugshot | Jail Booking Home; Search. The license penalties for a Failure to Maintain Lane conviction in Georgia. Handled 1000s of DUI cases 4125 Welcome All Rd. Put simply, the common argument of "failure to maintain a proper lookout" assumes that both a driver's vision and attention are focused at all times during the events leading up to the point of collision with B. 2023 Law Office of Scott Miller, All Rights Reserved, Reproduced with Permission, 1/4 Mile from GA 400 at Exit 9 Haynes Bridge. Additionally, the law is even stricter with drivers under 21. If you are involved in a motor vehicle accident, there are several important steps that should be made. This simple traffic stop could lead to charges against you for DUI, if you have been drinking alcohol. The driver was subsequently arrested and charged with first-degree vehicular homicide, driving under the influence, and failure to maintain lane. 407, 659 S.E.2d 823 (2008). 40-6-48(1) by weaving between lanes, various factors went beyond an inchoate hunch and amounted to reasonable suspicion of other illegal activity, and prolonging detention for three minutes was not unreasonable. Once your vehicle is stoped the officer can visually inspect around your passenger compartment looking for contraband or weapons. Driving in marked lanes. The Department shall impose the following penalties upon receipt of a conviction of a violation of any of the listed offenses. There existed sufficient evidence to support defendant's convictions for failing to maintain a lane based on the testimony of a police officer who observed the defendant cross one lane to another more than seven times without signaling, which at one point required the officer to swerve to avoid being struck by the defendant's vehicle. 407, 659 S.E.2d 823 (2008). If you have been unfairly accused of not maintaining a lane in Fulton County, Cobb County, DeKalb County, or any other surrounding community you should contact the Law Offices of Scott Miller. He represented me in Cobb County Court last week for a super speeder ticket. 873, 650 S.E.2d 430 (2007); Merritt v. State, 288 Ga. App. 40-6-48; (2) the seven minutes it took to effectuate the traffic stop was reasonable; and (3) the search of the van was lawful because of a drug dog's positive alert, the district court did not err in denying a claimant's motion to suppress. 872, 643 S.E.2d 292 (2007); Davis v. State, 286 Ga. App. BLOG; CATEGORIES. 102, 836 S.E.2d 208 (2019). We serve all areas in Fulton County and Cobb County including: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 3715 Northside Parkway is clear of traffic within a safe distance, or in preparation for making a left turn, 2010 Georgia Code TITLE 40 - MOTOR VEHICLES AND TRAFFIC CHAPTER 6 - UNIFORM RULES OF THE ROAD ARTICLE 3 - DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, FOLLOWING TOO CLOSELY 40-6-48 - Driving on roadways laned for traffic O.C.G.A. Of course, this ultimately depends on your insurance company. Former DUI Prosecutors. S16C0368, 2016 Ga. LEXIS 118 (Ga. 2016), cert. Failure to act as a reasonably prudent driver; Failure to control speed; Failure to yield the right of way; Failure to take evasive action; Distracted driving; Failure to apply brakes; Failure to maintain lane; If you have any questions or would like us to get started on your case, call us now at (855) 326-0000 for help. This means that the maximum fine is $1,000 plus court costs and fees. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Over 50 Years of Combined Experience 774 (11th Cir. Steinberg v. State, 286 Ga. App. DUI Courts in Atlanta, GA (Fulton County), DUI Defense Lawyer in DeKalb County, Georgia. The city traffic engineer is hereby authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary. 40-6-48(1) and such a violation provided the officer with probable cause for the stop. 40-5-56 mandates the suspension of the driver's license of any individual who fails to appear in court in Georgia or in another state for a traffic violation (not including parking tickets). Scott had helped me previously with a speeding ticket Q, 28 (NEW); PL 2003, c. 452, Pt. Certified Third Party Testers (Road Skills Test), DDS Operated Motorcycle Training Locations, Certified Private Motorcycle Training Locations, Alcohol and Drug Awareness Program (ADAP/eADAP), Georgia Electronic Conviction Processing System (GECPS), Online Certification Reporting Application (OCRA), MVR - Motor Vehicle Reports/Bulk MVRs (for Business Partners), Georgia Motorcycle Safety Program (GMSP) for Administrators, License Information for Business Partners (Barcode), ADAP for Instructor or School Administrator, Commercial Driver's License (CDL) Program, Facebook page for Georgia Department of Driver Services, Twitter page for Georgia Department of Driver Services, Instagram page for Georgia Department of Driver Services, YouTube page for Georgia Department of Driver Services. But that is not the case as the law is much stricter in its definition. Andrew Meadows in Georgia Bibb County arrested for 05709 OPEN CONTAINER LAW{05709}, Bond Posted, 08225 FAILURE TO MAINTAIN LANE{08225} 11/30/1977. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Throughout the night these particular officers patrol places known for having clubs and bars that stay open late. Like with CVC 21658, a violation of this law is a traffic infraction. Walker v. State, 280 Ga. App. Individuals are also sometimes able to argue that law enforcement has not demonstrated that the conditions were unsafe for a motorist to switch lanes. All of these actions are criminal behavior and treated harshly by the law. In many circumstances, Georgia law enforcement has interpreted situations in which a motor vehicle driver lightly brushes the lines of the road without a valid justification to be afailure to maintain a lane charge. OCGA Section 40-6-391, subsection (l) is the Georgia code section calling for an additional child endangerment DUI to be added to drunk driving charges, for each child under age 14 that was in the vehicle when the DUI arrest occurred. Motor Vehicles and Traffic 40-6-48 - last updated April 14, 2021 Driving on roadways laned for traffic All rights reserved. I had to pay a fine and go to traffic school. Numerous courts have interpreted a driver simply touching either white or yellow lines as failure to maintain lane. 827, 812 S.E.2d 309 (2018). Georgia law states that "when a road has been divided into two or more clearly marked lanes for traffic, a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety." Appx. Testimony that the defendant weaved across the road and twice crossed over the center line was sufficient to support the defendant's conviction for improper lane usage. P. 12(b)(4) did not prejudice the defendant's substantial rights in that it was irrelevant to the outcome of the suppression hearing. - Negligence of motorist colliding with vehicle approaching in wrong lane, 47 A.L.R.2d 6. 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S07C1725, 2008 Ga. LEXIS 113 (Ga. 2008). I called Attorney Miller when I was released from jail. United States v. Robinson, 272 Fed. With your type of driving record the Prosecutor may be willing to work with you in terms of a reduction of fine or a reduction to a non-points violation. 40-6-48(1), was supported by sufficient evidence because the police officers noticed that the defendant's vehicle had front end damage and that it was dragging on the ground, and defendant admitted that the vehicle had hit a road sign, which was off the road; the police officers investigated the area where the incident occurred and noted that a road sign was down on the ground, which was consistent with the statement given by defendant. Click here to contact me today for a free consultation. See wording of this child endangerment law, above. 827, 812 S.E.2d 309 (2018). The offenses can be found within the Georgia Uniform Rules of the Road. 40-6-391(a)(1). 40-6-48(1) and justified the stop, and the officer's actual motive in stopping the defendant was inconsequential. Most defenses regarding unsafe lane changes include either arguing that the law enforcement officer who issued the citation exercised poor judgment or demonstrating the lane change in question was performed in a safe manner. 373, 797 S.E.2d 245 (2017). Thats where failure to maintain lane comes into action. 764, 660 S.E.2d 846 (2008); Thomas v. State, 294 Ga. App. 2008)(Unpublished). Driving on Roadways Laned for Traffic Universal Citation: GA Code 40-6-48 (2020) Trial court did not err in denying the defendant's motion to suppress because the officer was justified in stopping the defendant's vehicle based on the videotaped evidence that established that the officer observed the defendant's vehicle failing to maintain the vehicle's lane in violation of O.C.G.A. Schlanger v. State, 290 Ga. App. You can explore additional available newsletters here. Georgia law prohibits failure to maintain a lane. 2d 55 (U.S. 2016); Kim v. State, 337 Ga. App. 114, 701 S.E.2d 550 (2010). We answer the phones 24/7. ." Former DUI Prosecutors 2023 Law Office of Scott Miller, All Rights Reserved, Reproduced with Permission. The statute grants some small leeway to drivers by allowing them to drive "as nearly as practicable", meaning exceptions . I was frightened, this was my first ticket ever. Changing into a lane where visibility is impaired, failing to check whether blind spots exist prior to making a lane change, Drifting into another lane to drive while distracted, driving while fatigued or under the influence of alcohol or drugs, Failing to check both mirrors prior to making a lane change, changing more than one lane at a time, Failing to properly align rear view mirrors, Failing to signal before making a lane change, Using a cell phone to text or talk while operating a motor vehicle, Vehicle passengers that distract that motor vehicle driver, Weathers conditions that leave drivers unprepared for driving conditions. Moore v. State, 234 Ga. App. Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving. O.C.G.A. 231, 464 S.E.2d 651 (1995); Hitchcock v. McPhail, 221 Ga. App. 755, 652 S.E.2d 631 (2007). Convictions of driving under the influence of alcohol to the extent that it was less safe to drive, O.C.G.A. Under GA law, the following penalties are dictated for first offense DUI convictions and guilty pleas: 1. Georgia law requires a motor vehicle to be driven as practicably as possible within a single lane. These consequences include the following: three points being placed on an individuals drivers license, an increase in an individuals car insurance rate, a maximum of twelve months in jail, and a fine of up to one thousand dollars. If you have traffic tickets that you would like to discuss with Attorney Scott Miller he is available today for free consultation at 770-408-1001. 5.2. Once a driver is stopped for failing to maintain his or her lane, an officer can then start to build a DUI case. Citations for failure to maintain a lane are particularly common. Client's speeding ticket dismissed in Cobb state court. For more information on the points system in Georgia, click here. 130, 755 S.E.2d 356 (2014). Ensure that everyone in the vehicle (or vehicle) are safe. Calcaterra v. State, 321 Ga. App. Georgia law requires a motor vehicle to be driven as practicably as possible within a single lane. [PL 2003, c. 452, Pt. Drivers must remember that tapping the wheels of a vehicle against the lines of a lane are all it takes to receive a failure to maintain lane charge. 40-6-48. See King v. State, 317 Ga.App. Stubblefield v. State, 302 Ga. App. IF NOT ALL "MUGSHOT LAWS" WERE CRAFTED TO PROTECT THE PUBLIC FROM FEES FOR REMOVAL OF ONLINE . | Recently Booked | Arrest Mugshot | Jail Booking Home; Search. 393, 634 S.E.2d 177 (2006). You already receive all suggested Justia Opinion Summary Newsletters. Vehicle Code 22108 VC is the California statute that requires motorists to signal before turning or changing lanes. A vehicle may not be moved from a lane until the operator has first ascertained that the movement can be made with safety. Always signal any intended lane change. A failure to maintain lane charge in the state of Georgia is treated as a moving traffic violation. Special handling fee - for expedited title processing (In-Person replacement titles and title corrections only) $10.00. Rayo-Leon v. State, 281 Ga. App. They do this because often not maintaining a lane is an indicator of intoxication. Trust Bethune Law Firm With Your Failure to Maintain a Lane Crash. Motor vehicle drivers must obey all traffic control devices because failure to obey these devices can result in motor vehicle drivers being deemed at fault. (1) The operator of a motor vehicle overtaking a bicycle, electric scooter, or electric personal assistive mobility device proceeding in the same direction shall exercise due care, leaving a safe distance, but in no case less than 3 feet clearance when passing the bicycle, electric scooter, or electric personal assistive mobility device, and - Indictment stating that defendant "did fail to operate his motor vehicle entirely within a single lane of traffic. If you do not see the violation indicated on your citation you may call the Snellville Municipal Court at 770-985-3550. XVI. 40-6-123, the trial court properly instructed the jury as to the definition of the standard for strict liability offenses because the state was not required to prove mental fault or mens rea in those offenses; although O.C.G.A. www.lawofficeofscottmiller.com, Driver doing donuts on I-285 shuts down traffic. 40-6-48(1) and 40-6- 391(a)(1). 40-6-48 were supported by sufficient evidence since, when an officer stopped to assist the defendant, whose car was parked on the side of a road, the defendant told the officer that the defendant had driven off the road, the officer found tire marks and a fender in the area where the defendant ran off the road and the defendant's vehicle was missing its left front fender, the officer noticed a strong odor of alcohol on the defendant's breath, the defendant admitted to drinking for over four hours and could not tell the officer how many drinks had been consumed, and the defendant then failed field sobriety tests.

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