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2018 Georgia Code 40-6-240 | Car Wreck Lawyer

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 6. Uniform Rules of the Road, 40-6-1 through 40-6-397.

ARTICLE 11 MISCELLANEOUS PROVISIONS

40-6-240. Backing.

  1. A driver shall not back a vehicle unless such movement can be made with safety and without interfering with other traffic.
  2. A driver of a vehicle shall not back a vehicle upon any shoulder or roadway of any controlled-access highway.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 94; Code 1933, § 68A-1102, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5.)

JUDICIAL DECISIONS

Backing must be "with safety" as well as without interference with traffic, and when a driver backs into another vehicle, the backing is not done "with safety," regardless of whether that vehicle is moving or occupied. State v. Nichols, 225 Ga. App. 609, 484 S.E.2d 507 (1997).

Sufficient evidence to convict.

- Officer's testimony provided sufficient evidence to support the conviction for improper backing under O.C.G.A. § 40-6-240(a) as the officer testified that the defendant backed 10 to 15 yards up a hill on a busy one-way street, and the defendant would have had difficulty seeing cars behind the defendant due to the crest of the hill. Jones v. State, 259 Ga. App. 506, 578 S.E.2d 165 (2003).

As predicate for investigatory stop.

- Sufficient circumstantial evidence was introduced to convict the defendant of being a felon in possession of a firearm during a drug trafficking crime under 18 U.S.C. §§ 922(g)(1) and 924(c)(1)(A) because a pistol was found, along with drugs, inside the defendant's car alongside the driver's seat, after police stopped the car for improper backing, a violation of O.C.G.A. § 40-6-240(a). United States v. Hamilton, 299 Fed. Appx. 878 (11th Cir. 2008)(Unpublished).

Suppression motion based on reasonable suspicion of violation of O.C.G.A.

§ 40-6-240(a). - Denial of the defendant's suppression motion was upheld on appeal as: (1) the defendant's vehicle was not stopped by the investigating officer; (2) the defendant voluntarily pulled into a driveway and stopped; (3) the officer did not prevent the defendant's departure; and (4) the officer had a reasonable and objective basis to conclude that the defendant committed the traffic offense of improper backing in violation of O.C.G.A. § 40-6-240(a). Collier v. State, 282 Ga. App. 605, 639 S.E.2d 405 (2006), cert. denied, No. S07C0542, 2007 Ga. LEXIS 217 (Ga. 2007).

Cited in Pfeiffer v. State, 173 Ga. App. 374, 326 S.E.2d 562 (1985); Roberson v. State, 230 Ga. App. 179, 495 S.E.2d 643 (1998); Holland v. State, 240 Ga. App. 169, 523 S.E.2d 33 (1999).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 229.

C.J.S.

- 60A C.J.S., Motor Vehicles, § 695.

ALR.

- Duties and liabilities between owners or drivers of parked or parking vehicles, 25 A.L.R.2d 1224.

Liability for injury occasioned by backing of motor vehicle in public street or highway, 63 A.L.R.2d 5.

Liability for injury occasioned by backing of motor vehicle from private premises into public street or highway, 63 A.L.R.2d 108.

Liability for injury or damage occasioned by backing of motor vehicle within private premises, 63 A.L.R.2d 184.

Cases Citing Georgia Code 40-6-240 From Courtlistener.com

Total Results: 1

Conyers v. State

Court: Supreme Court of Georgia | Date Filed: 1990-11-07

Citation: 397 S.E.2d 423, 260 Ga. 506

Snippet: vehicle on a controlled access highway (OCGA § 40-6-240 (b)).[1] Appellant and a passenger were driving