O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
A person who is under the influence of intoxicating liquor or any drug to a degree which renders him a hazard shall not walk or be upon any roadway or the shoulder of any roadway. Violation of this Code section is a misdemeanor and is punishable upon conviction by a fine not to exceed $500.00.
History
(Code 1933, § 68A-505.1, enacted by Ga. L. 1974, p. 633, § 1; Code 1981, § 40-6-96; Code 1981, § 40-6-95, as redesignated by Ga. L. 1990, p. 2048, § 5.)
Annotations
JUDICIAL DECISIONS Not lesser included offense of DUI. - As a matter of fact or of law, the offense of being a pedestrian under the influence is not a lesser included offense of the offense of driving under the influence. Dickson v. State, 167 Ga. App. 685, 307 S.E.2d 267 (1983). Drunk pedestrian not in crosswalk. - Grant of summary judgment to the driver and the insurer was affirmed because the evidence showed that the plaintiff was dressed in black clothing, was drunk, crossed a major roadway at night outside of an available crosswalk, and there was no evidence that the driver was speeding nor was violating any rules of the road, or even saw the pedestrian; therefore, the driver did not fail to exer-
cise due diligence to avoid striking the pedestrian. Politzer v. Xiaoyan, 801 S.E.2d 114 (2017). Probable cause. - Probable cause for arrest exists when the defendant stated the defendant was drunk and the officer observed signs of intoxicated behavior. Miller v. State, 221 Ga. App. 494, 471 S.E.2d 565 (1996). Questions for jury. - When the decedent was run over by a bus after the driver let the decedent off on the roadway approximately four feet from the curb and about 25 feet from the bus stop, the issues of the decedent’s negligence and the duty of care owed to the decedent were questions for the jury. Cuthbert v. Metropolitan Atlanta Rapid Transit Auth., 190 Ga.
App. 550, 379 S.E.2d 413, cert. denied, 190 Ga. App. 897, 379 S.E.2d 413 (1989). Not applicable in tort action. - Defendants failed to show, as a matter of law, that the alcohol and cocaine in the deceased’s system rendered him a ‘‘hazard’’ in violation of O.C.G.A. § 40-6-95. Moreover, there was no evidence to suggest
that the deceased wandered onto the highway in violation of O.C.G.A. § 40-6-96. Swinney v. Schneider Nat’l Carriers, Inc., 829 F. Supp. 2d 1358 (N.D. Ga. Nov. 7, 2011). Cited in White v. State, 310 Ga. App. 386, 714 S.E.2d 31 (2011).
RESEARCH REFERENCES Am. Jur. 2d. - 8 Am. Jur. 2d, Automobiles and Highway Traffic, §§ 444, 514. C.J.S. - 60A C.J.S., Motor Vehicles, § 886.
ALR. - Intoxication of person injured or killed as affecting applicability of last clear chance doctrine, 26 A.L.R.2d 308.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1996–2022 · leading case:
White v. State, 714 S.E.2d 31 (Ga. Ct. App. 2011).
White v. State, 714 S.E.2d 31 (Ga. Ct. App. 2011).
· cites it 6× “When the officers lawfully approached and questioned White, the smell of alcohol on White’s person, the stronger smell of alcohol emanating from his cup, and their earlier observations of White staggering and stumbling in the middle of the roadway gave the officers probable…”
Dougherty v. the State, 799 S.E.2d 257 (Ga. Ct. App. 2017).
· cites it 4× “” “A person who is under the influence of intoxicating liquor or any drug to a degree which renders him a hazard shall not walk or be upon any roadway or the shoulder of any roadway” OCGA § 40-6-95.”
Maurice Walker v. City of Calhoun, GA, 901 F.3d 1245 (11th Cir. 2018).
“On Thursday, September 3, 2015, Walker was arrested in the City of Calhoun, Georgia by the Calhoun Police Department for being a pedestrian under the influence of alcohol, in violation of Ga. Code Ann. § 40-6-95 . A violation of that section of Georgia's code "is a misdemeanor…”
Swinney v. Schneider Nat'l Carriers, Inc., 829 F. Supp. 2d 1358 (N.D. Ga. 2011).
· cites it 8× “§§ 40-6-95-95, 40-6-96 Finally, defendants contend that Swinney was negligent per se for violating two statutes that govern the conduct of pedestrians on the roadways: O.C.G.A. § 40-6-95 and O.C.G.A. § 40-6-96.”
Politzer v. Xiaoyan Et Al., 801 S.E.2d 114 (Ga. Ct. App. 2017).
· cites it 2× “5 OCGA § 40-6-95 (“A person who is under the influence of intoxicating liquor or any drug to a degree which renders [her] a hazard shall not walk or be upon any roadway or the shoulder of any roadway.”
MacK v. State, 700 S.E.2d 685 (Ga. Ct. App. 2010).
· cites it 4× “Mack moved to suppress all evidence and testimony relating to his conduct at the traffic stop, arguing that the officer illegally detained him by preventing him from leaving the scene.”
Miller v. State, 471 S.E.2d 565 (Ga. Ct. App. 1996).
· cites it 2× “OCGA § 40-6-95. Whether the location was a public road or one maintained by and part of the apartment complex, which is not clear from the record, it was covered by the prohibition.”
Christina Butler v. State (Ga. Ct. App. 2022).
“” 8 Contrary to Butler’s assertion in her appellate brief, this proposed instruction was included in her supplemental request no.”
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