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2018 Georgia Code 40-6-251 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-6-251 Case Law from Google Scholar Amendments to OCGA 40-6-251

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 11 MISCELLANEOUS PROVISIONS

40-6-251. Driving in circular or zigzag course; "laying drags."

  1. No driver of any motor vehicle shall operate the vehicle upon the public streets, highways, public or private driveways, airport runways, or parking lots in such a manner as to create a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around, except to avoid a collision or injury or damage.
  2. The offenses described in this Code section shall be sufficiently identified on any traffic ticket, warrant, accusation, or indictment when referred to as "laying drags."
  3. This Code section shall not apply to drivers operating vehicles in or on any raceway, drag strip, or similar place customarily and lawfully used for such purposes.
  4. Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.

(Ga. L. 1970, p. 549, §§ 1-4; Ga. L. 1990, p. 2048, § 5.)

Cross references.

- Suspension of driver's license for conviction for racing on highways or streets, § 40-5-54.

JUDICIAL DECISIONS

Even though defendant's behavior did not technically violate O.C.G.A. § 40-6-251, the fact that the defendant was driving in such a manner as to endanger others reasonably justified an investigative stop. State v. Armstrong, 223 Ga. App. 350, 477 S.E.2d 635 (1996).

Evidence insufficient to support conviction.

- Since no evidence showed that the defendant was "laying drags," that is, that the defendant caused the defendant's vehicle to move in a zigzag or circular course, or to gyrate or spin around, the evidence was insufficient to support the defendant's conviction for "laying drags" and the trial court's judgment against the defendant for that offense had to be reversed. Hale v. State, 262 Ga. App. 710, 586 S.E.2d 372 (2003).

Cited in Phillips v. State, 324 Ga. App. 728, 751 S.E.2d 526 (2013).

RESEARCH REFERENCES

Am. Jur. 2d.

- 8 Am. Jur. 2d, Automobiles and Highway Traffic, §§ 921 et seq., 1069. 21 Am. Jur. 2d, Criminal Law, §§ 1, 5, 19, 26 et seq.

C.J.S.

- 60A C.J.S., Motor Vehicles, § 679. 61A C.J.S., Motor Vehicles, § 1642 et seq.

ALR.

- What conduct in driving an automobile amounts to wantonness, willfulness, or the like, precluding defense of contributory negligence, 119 A.L.R. 654.

Motor vehicle operator's criminal responsibility for homicide where he and deceased were racing, though accused's car was not otherwise involved in the collision or incident, 82 A.L.R.2d 463.

Validity, construction, and application of criminal statutes specifically directed against racing of automobiles on public streets or highways (drag racing), 24 A.L.R.3d 1286.

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