georgia failure to maintain lane statute

US States (36975K) Current Events (51K) Celebrity (272) Exonerated . Scott had helped me previously with a speeding ticket - When the defendant did not request a charge on a violation of O.C.G.A. 770-408-1001 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. In normal terms, negligent means careless. Of course, this ultimately depends on your insurance company. 612, 521 S.E.2d 410 (1999); State v. Hanson, 243 Ga. App. 2023 Law Office of Scott Miller, All Rights Reserved, Reproduced with Permission. Atlanta, GA 30327, Copyright 2023 | Yeargan & Kert, LLC. Cross, Aaron. Fill out this short form and Criminal Defense Lawyer Scott Miller contact you quickly about your traffic, DUI, misdemeanor, felony or probation violation case. Failure to Maintain Lane is a misdemeanor offense in Georgia. www.lawofficeofscottmiller.com, Driver doing donuts on I-285 shuts down traffic. All people are presumed innocent until proven guilty in a court of law. | Recently Booked | Arrest Mugshot | Jail Booking Home; Search. | Recently Booked | Arrest Mugshot | Jail Booking Home; Search. What exactly does that mean? United States v. Robinson, 272 Fed. 719, 761 S.E.2d 120 (2014); State v. Outen, 296 Ga. 40, 764 S.E.2d 848 (2014); Chernowski v. State, 330 Ga. App. Now Defending You. In many lane change accidents, drivers have failed to properly examine whether it is safe to cross lanes without colliding with another motor vehicle. 702, 769 S.E.2d 126 (2015); Williams v. State, 296 Ga. 817, 771 S.E.2d 373 (2015); Sherod v. State, 334 Ga. App. 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.). Traffic lanes. If a motorist must swerve out of a lane to avoid a collision with an obstacle in the road, this is not considered failure to maintain a lane. Code 2001 15-113.) See Stroud v. State, 344 Ga.App. ." 40-6-48, the Failure to Maintain Lane statute in Georgia? They do this because often not maintaining a lane is an indicator of intoxication. 8.55.040 Impoundment. Many Georgia citizens assume that failure to maintain lane is weaving all over the road, that's not always the case. Taylor v. State, 278 Ga. App. Hooray Attorney Miller, I will refer all my friends and family to you! 668, 618 S.E.2d 702 (2005). 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. Roads are flooded and bridges are washed out. Top Lawyer DirectoriesState Bar Lawyer DirectoriesAttorney Discipline Records, Atlanta(Georgia) Lawyer DirectoryCalifornia Lawyer DirectoryNew York Lawyer Directory, {"hide_search_input":"","hide_near_input":"","bg":"white","mt":"","mr":"","mb":"0","ml":"","pt":"","pr":"","pb":"","pl":"","border":"","rounded":"rounded","rounded_size":"","shadow":"","show":""}. According to this section, whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following laws apply: Booking Number: 2023-00001018. All rights reserved. Individuals over 21 who accrue more than 15 points in a 24-month period can have their licenses suspended, which can dramatically affect a persons life and livelihood. Understanding the Georgia Legal System: Pretrial Conferences, Everything You Need To Know About SB 105: Early Termination of Probation, How To Protect Yourself From Legal Representation Scams, Everything You Need To Know About Pleas in Georgia Criminal Court, July 2022 Update to Bench Warrants in Georgia: What You Need to Know, Misunderstood Legal Terms You Should Know (Part 1), What You Need to Know About Prosecutorial Discretion in Post-Roe Georgia, Knowledge is Power: Understanding the Georgia Juvenile Court System, Five (More) Essential Tips for Hiring a Georgia Attorney, Five Essential Tips for Hiring A Georgia Attorney, How to Avoid Criminal Charges After an Accident, Georgia Cracks Down On Drag Racing: What You Need To Know, Be On Alert: Popular Scam Targets Georgia Residents, Hardship Licenses in Georgia: What You Should Know, Georgia Failure to Appear Warrants: How They Happen and How To Fix Them, Georgia Crime Suppression Detail Stops Nearly 600 Vehicles, Know Your Rights: DUI Roadblocks and Vehicle Safety Checkpoints, DUI Scam Alert: Dont Let Fraudsters Steal Your Money. For example, in Acree v. State, the Georgia Court of Appeals held that the officer was justified in stopping the defendants vehicle based on the videotaped evidence that established that the officer observed the defendants vehicle failing to maintain its lane in violation of O.C.G.A. You can explore additional available newsletters here. When any lane has been designated as an HOV lane under section 1 of 1951 PA 51, MCL 247.651, and has been appropriately marked with signs and pavement markings, the lane . As you near that turn, your right-side tires brush up upon the solid white line on the right side of the road. 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. Second Offense: $600 tup o $1,000. . - Officer was entitled to summary judgment based on qualified immunity as to an arrestee's Fourth Amendment claim regarding the stop of the arrestee's vehicle because the officer had arguable reasonable suspicion to stop the arrestee since the officer responded to an off-duty officer's report that the arrestee was driving at an unusual speed and weaving across the road, and the off-duty officer identified the vehicle. Whether you happen to be charged with DUI or a drug-related charge, failure to maintain lane is one of the most seen traffic offenses an officer will cite while writing a ticket. Hooray for Attorney Scott Miller! Here are some examples: Crossing over the center line can form the basis for a citation under O.C.G.A. The state Central . or where such center lane is at the time allocated exclusively to traffic moving in Kuehne v. State, 274 Ga. App. Oct. 4, 2013)(Unpublished). However, they are frequently charged together as part of a single case. 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. 102, 836 S.E.2d 208 (2019). A motor vehicle was traveling in Marietta recently, when the driver swerved into the oncoming lane of traffic and struck another vehicle. 658, 534 S.E.2d 113 (2000). While these points may not seem significant, for individuals with a less-than-perfect driving record, every point matters. Georgia law requires a motor vehicle to be driven as practicably as possible within a single lane. Waters v. State, 306 Ga. App. State v. Shaw, 353 Ga. App. Failure to Maintain Lane | Georgia DUI Lawyer Home Our Firm Areas in Georgia We Serve Attorneys Blog Case Results Contact Georgia DUI Law Dictionary Locations Recommendations Resources Credit Card Payment FAQs Atlanta DUI Attorney Georgia DUI Lawyer Banks County Baldwin GA DUI Lawyer Barrow County Auburn GA DUI Lawyer Statham DUI Lawyer On a public way that is divided into more than 2 lanes and one of those lanes provides for 2-way movement of . For motor vehicle drivers who have been charged with failure to maintain a lane, it is a wise idea to immediately contact a knowledgeable accident attorney like the legal counsel at Yeargan & Kert, LLC. Copyright 2023, Thomson Reuters. 40-6-48 (2010) 40-6-48. Law in the state of Georgia dictates that a motor vehicle must be driven as practicably as possible within a single lane and that an individual will not move from the lane until the motor vehicle driver has first determined that movement to another lane can be done so safely. Numerous courts have interpreted a driver simply touching either white or yellow lines as failure to maintain lane. The police officer gave me a super speeder ticket. Posted on 23/02/2022 georgia failure to maintain lane statute. The license penalties for a Failure to Maintain Lane conviction in Georgia. 51-1-2. 130, 755 S.E.2d 356 (2014). 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. 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. However, if you moved from your lane and you did not hit another car and there was no accident then how can the ticketing officer say that it was unsafe for you to move? 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. 437, 662 S.E.2d 248 (2008). Individuals who are charged with a DUI and failure to maintain lane, should not hesitate to. 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. Although the surcharges are mandated by state law, the base fine can vary dramatically from court to court. Evans-Glodowski v. State, 335 Ga. App. Open 8AM-4.30PM proton pack motherboard thickness; ark official trading discord pc; visual studio compiler settings; finance of america holdings llc headquarters; yanuell benjamin molina; A citation concerning failure to maintain lane is one of the most common citations in Georgia. Building 100 The Georgia Department of Transportation reports that a drivers failure to maintain lane changes can result in particularly damaging consequences. 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. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Many times, Georgia law enforcement use a motor vehicle operator who violates this law as the basis for a DUI stop. A driver with 15 points in a 24-month period will be suspended. However, "like other constitutional rights, a suspect may consent to take actions that Paragraph XVI would prevent the State from compelling." Ga. Const. All of these actions are criminal behavior and treated harshly by the law. State of Georgia government websites and email systems use georgia.gov or ga.gov at the end of the address. But as we discussed above there are many different ways a failure to maintain lane violation can affect you as a driver. Over 100 5-Star Reviews. 314, 779 S.E.2d 94 (2015), cert. I am a 25 F and have never had a ticket or any other record in my life. 40-6-48(1). I had to pay a fine and go to traffic school. 100, 749 S.E.2d 395 (2013); Plemmons v. State, 326 Ga. App. 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. Do I need a lawyer if I have been given a citation for Failure to Maintain Lane? Getting . Article 7. | https://codes.findlaw.com/ga/title-40-motor-vehicles-and-traffic/ga-code-sect-40-6-48/. Fill out this short form and Criminal Defense Lawyer Scott Miller contact you quickly about your traffic, DUI, misdemeanor, felony or probation violation case. 10, 2008). 637, 602 S.E.2d 173 (2004); Smith v. State, 270 Ga. App. How you know. In the Official Code of Georgia Annotated, the law says: 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.OCGA 40-6-48. Defendant's conviction for failure to maintain a lane, in violation of O.C.G.A. Former DUI Prosecutors. of 1983, Art. Any vehicle or object obstructing a designated fire lane is hereby declared a traffic and fire hazard and may be immediately impounded pursuant to the applicable state law, and Uniform Fire Code, without prior notification to its owner. Now Defending You. But that is not the case as the law is much stricter in its definition. Often individuals are pulled over by a DUI task force officer for slightly touching the line. 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: (Ga. L. 1953, Nov.-Dec. Daniel v. State, 282 Ga. App. Failure to maintain lane is one of the most common reasons law enforcement officers use to make a traffic stop. Negligence of motorist as to injury or damage occasioned in avoiding collision with vehicle approaching in wrong lane, 47 A.L.R.2d 119. Throughout the night these particular officers patrol places known for having clubs and bars that stay open late. On Tuesday, Dralin Carswell was arrested in Irwington, Georgia, for DUI while his 17-year-old girlfriend was in the car, arrest and . Georgia traffic citations must include language informing Georgia drivers of this provision. United States v. Garcia, 284 Fed. 40-6-10(b) required proof that the defendant knowingly operated the vehicle with no insurance, and O.C.G.A. February 23, 2022; failure to maintain lane ticket cost in virginia. Certainly, anyone who operates an automobile knows that the driving task includes many elements beyond attention to the roadway ahead, Rayo-Leon v. State, 281 Ga. App. However, if you are sober and you are pulled over for this offense, you are still at risk of getting a ticketand subsequently points on your license and higher insurance costs. Ensure that everyone in the vehicle (or vehicle) are safe. It was my second week as a new job and I was new to the area. The National Transportation Safety Board reports that ten percent of all roadway accidents are caused by unsafe lane change maneuvers which translateto 530,000 motor vehicle accidents each year. Georgia law prohibits failure to maintain a lane. 32, 510 S.E.2d 889 (1999), overruled on other grounds by Willis v. State, 2018 Ga. LEXIS 685 (Ga. 2018). 609, 458 S.E.2d 382 (1995); State v. Holcomb, 219 Ga. App. O.C.G.A. Tickets and Fines. Call 1-800-GEORGIA to verify that a website is an official website of the State of Georgia. 74, 635 S.E.2d 368 (2006). When the defendant was charged with failing to maintain defendant's lane in violation of O.C.G.A. 499, 690 S.E.2d 892 (2010). Walker v. State, 280 Ga. App. Can I get failure to maintain lane? was not deficient because the indictment did not allege that the defendant failed to ascertain whether the defendant could move from the defendant's lane safely. The second category of traffic tickets that require a court appearance involve drivers under the age of 21. . Because there was some evidence, even from the state's witnesses, that showed that the defendant committed an act of following too closely, a traffic violation other than the more culpable offense of DUI, that such evidence not only showed that the defendant committed the less-culpable offenses of following too closely and of failing to maintain the defendant's lane, that may have caused the collision and resulting death, the trial court erred in failing to give the defendant's written request for an instruction on second-degree vehicular homicide. - Indictment stating that defendant "did fail to operate his motor vehicle entirely within a single lane of traffic. 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. Individuals caught performing this maneuver or immediately arrested and taken to jail and charged with criminal misdemeanors. There is no minimum fine. 2. She was charged with Failure to Maintain Lane. 40-6-391(a)(5) was upheld. (A) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, or wherever within municipal corporations traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply: (1) A vehicle or trackless trolley shall be . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Over 50 Years of Combined Experience On the other hand, assume youre driving down the road, and a wild animal runs out in front of your vehicle. 592, 524 S.E.2d 276 (1999). Clients hit and run dismissed in Alpharetta, GA. City Court. Privacy Policy, GA Commercial Drivers License Violations, Driving Without A License -Drivers License Suspension, GA Red Light Ticket Violations | Georgia Traffic Lawyers. 114, 701 S.E.2d 550 (2010). XVI. 40-6-48. I cant recommend him enough! A vehicle may not be moved from a lane until the operator has first ascertained that the movement can be made with safety. You're all set! 484, 781 S.E.2d 591 (2016). 4125 Welcome All Rd. For example, on a simple failure to maintain lane ticket, the maximum fine is $1000.00 and the minimum fine is zero. 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. 774 (11th Cir. 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. 765, 755 S.E.2d 205 (2014); Barlow v. State, 327 Ga. App. 40-6-390, and failure to maintain a lane, O.C.G.A. Cite this article: FindLaw.com - Georgia Code Title 40. Asking For A Friend: How Much Is Too Much? The resulting collision was so substantial that one of the passengers in the oncoming vehicle died from injuries. 40-6-48 (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 that such movement can be made with safety. 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. Movement from lane. Document all details about how the accident occurred and the resulting damages. For example, in Shlanger v. State, the court found that the fact that the defendants vehicle exited the roadway before coming to rest upside down in an adjacent gore provided enough evidence that the driver failed to maintain their lane. Fact that the defendant's vehicle exited the roadway before coming to rest upside down in an adjacent gore area provided sufficient evidence that the defendant failed to maintain the defendant's lane of traffic, O.C.G.A. 2007)(Unpublished). 40-6-48. This news blog is provided to you by the Alpharetta, Georgia traffic ticket defense attorney Scott Miller. 456, 571 S.E.2d 456 (2002). He represented me in Cobb County Court last week for a super speeder ticket. 827, 812 S.E.2d 309 (2018). He was charged with FAILURE TO MAINTAIN LANE. Davis v. State, 236 Ga. App. 746, 244 S.E.2d 895 (1978); Mathews v. Taylor, 155 Ga. App. Numerous drivers who are cited for DUI often have a failure to maintain lane citation too. 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 . Individuals who are charged with failing to maintain a lane can expect to face several different types of penalties. - Trial court erred by granting summary judgment to the defendants in a wrongful death action upon concluding that the plaintiffs' decedent was 50 percent or more responsible for the decedent's own death because there was an issue of fact as to whether the decedent would have died but for the presence of the tractor-trailer illegally parked in the emergency lane. We serve all areas in Fulton County and Cobb County including: document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3715 Northside Parkway Two-way lane. Get free summaries of new opinions delivered to your inbox! or center lane shall have the right of way when overtaking and passing another vehicle Calcaterra v. State, 321 Ga. App. prohibits failure to maintain a lane. 2, 270 S.E.2d 247 (1980); Griffin v. State, 191 Ga. App. denied, No. 393, 634 S.E.2d 177 (2006). The driver was subsequently arrested and charged with first-degree vehicular homicide, driving under the influence, and failure to maintain lane. The Georgia Point System ranges from 2 to 6 points. This practice known as drift racing breaks at least three laws: drift racing, reckless driving, laying drag. 40-6-48(1), the same statute, but a specific subsection of the statute: Quoting OCGA Sec. Feb 18, 2022 The following information concerning recent arrests was provided by the Walker County Sheriff's Office. The offenses can be found within the Georgia Uniform Rules of the Road. | Privacy Policy | Sitemap. 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. It may also be a defense if a person left his or her lane in order to prevent an accident. My question is- is it worth it to go to court and essentially apologize? Scott Miller is an experienced defense attorney in Alpharetta, Georgia, who knows what it takes to win traffic violation cases. What Are My Rights If Im Stopped by the Police? The Department shall impose the following penalties upon receipt of a conviction of a violation of any of the listed offenses. 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. To satisfy a violation for failure to maintain lane, Georgia law enforcement need only find the smallest movement of a driver from one lane to another enough to satisfy a failure to lane charge. Under Georgia law, a driver is negligent if the driver fails to show "that degree of care which is exercised by ordinarily prudent persons under the same or similar circumstances." O.C.G.A. Handled 1000s of DUI cases Filters . You don't need to be weaving through traffic across the road to be cited for this. - Designation of travel lanes for exclusive or preferential use of buses and other designated passenger vehicles, 32-9-4. into the oncoming lane of traffic and struck another vehicle. www.lawofficeofscottmiller.com. BLOG; CATEGORIES. Bell v. State, 291 Ga. App. 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. If a motor vehicle driver was far from the location where a motor vehicle driver performed the lane change, an individual can also bring the law enforcement officers judgment and doubt into question by suggesting that the law enforcement officer did not have a good view of the incident. Illegal U-turn - CVC 22102. 65, 679 S.E.2d 89 (2009); Johnson v. State, 300 Ga. App. Andrew Meadows in Georgia Bibb County arrested for 05709 OPEN CONTAINER LAW{05709}, Bond Posted, 08225 FAILURE TO MAINTAIN LANE{08225} 11/30/1977. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 108, 668 S.E.2d 540 (2008); Eason v. Dozier, 298 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. The second group of fines are your DUI reinstatement fees (i.e., the fees you must pay after license suspension ). This may seem like good fun to the drivers and viewers, however many accidents and deaths have occurred because of this kind of behavior. Attorney Scott recently represented me and my mother both for traffic ticket charges. . 1. Home Driving Offenses Failure To Maintain Lane in Atlanta. See Arsenault v. State, 257 Ga.App. Additionally, the law is even stricter with drivers under 21. Renkiewicz v. State, 283 Ga. App. Like with CVC 21658, a violation of this law is a traffic infraction. Citations Involving Accidents Reckless Driving and Improper Driving. 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. 2023 Law Office of Scott Miller, All Rights Reserved, Reproduced with Permission, 1/4 Mile from GA 400 at Exit 9 Haynes Bridge. XIII; the defendant's weaving without reason into nearby lanes violated O.C.G.A. A driver with 15 points in a 24-month period will be suspended. Handled 1000s of DUI cases Disclaimer: These codes may not be the most recent version. A motor vehicle was traveling in Marietta recently, when the driver. Attorney Miller got my speed reduced and my ticket dismissed. Failure to maintain lane is a very common traffic offense. Motor vehicle drivers must also remember that once law enforcement pulls over an individual for failure to maintain lane, the law enforcement officer can then further investigate a DUI. CMC Chairman Deng Xiaoping proposed the imposition martial law and the use of armed soldiers to suppress unarmed demonstrations in Beijing. Booking Date: 3/1/2023. 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.