Have You Been Charged With Driving in the Gore in Georgia?
Most people think of bloody scenes in movies when they hear the term gore. However, the term gore is also used to describe the portion of the road between the entrance ramp and the lanes of the highway. Additionally, people are unaware of the danger that driving in the gore poses and are even less aware that it is a crime. If you have been received a ticket for driving in the gore in Georgia, contact The Law Offices of Lawson and Berry and speak to one of our Georgia Traffic Lawyers today.
What is Driving in the Gore in Georgia?
First, Georgia code defines gore as “the area of convergence between two lanes of traffic.“ In other words, it is the divider between a highway lane and either an entrance or exit ramp. Gores were created to help protect ongoing traffic when cars are entering and exiting the freeway. The intent was that the marked out area would help organize traffic so people could safely merge into traffic.
O.C.G.A. §40-5-60(b) states “no vehicle shall be driven over, across, or within any dividing space, barrier, gore, paved shoulder, or section separating the roadways of a divided highway.”
Driving in the gore generally occurs when a person is utilizing an exit or entrance ramp. It is usually a triangle shaped area created by white areas. Some examples of driving unlawfully on the gore include but are not limited to:
- Cutting across the gore to get back onto the highway because you were exiting on the wrong ramp
- Cutting through the gore because you almost missed your exit
- Coming down an entrance ramp and cutting across the gore before traffic merges
Penalty for Being Convicted of Driving in the Gore in Georgia
A conviction for driving in the gore carries fines up to $1,000 with the possibility of points being added to your driving record. Points on your license can result in higher insurance premiums or even cause you to be dropped by your insurance provider if you already have points on your license.
Defenses to Driving in the Gore
It was for an emergency: If you begin to experience car trouble and park in the gore or use the gore to pull off the road, then you could have a defense. However, remaining in the gore area is not advised as you could endanger other people. A short period in the gore due to an emergency will likely not result in a conviction.
The gore was not clearly marked: Sometimes highway lines become faded over the years, and if it was dark and you could not adequately see the lines, then you may have a defense.
I was forced into the gore: If you were forced into the gore area to avoid an accident or because of traffic issues, any evidence or witness testimony would help to support this argument. Your Attorney will help you present this argument to a judge in hopes of getting the charged dropped.
What are Not Defenses in Georgia
- Almost missing your exit or realizing you are about to get off on the wrong exit are not defenses to driving in the gore. There are other options you could take such as waiting until the next exit or continuing on the exit ramp and reentering another way.
- In addition, being in a hurry and cutting across the gore to merge into traffic faster instead of waiting until the lane eventually merges will not be a sufficient argument. The lanes were created to give oncoming traffic a warning that cars will be merging into their lane, and any attempt to merge early will be a violation of driving in the gore.
The Law Offices of Lawson and Berry are here to help if you have received a ticket for driving in the gore. Our Attorneys have unparalleled experience and will work with you to evaluation your options. Our Georgia Traffic Lawyers are available 24 hours a day, 7 days a week to assist with your case. Contact us today for a free case evaluation.