The State properly charged Oduok with failure to yield pursuant to OCGA § 40-6-71. To the extent any language in Bailey v. Bartee , 205 Ga. App. 463, 463-464 (1), 422 S.E.2d 319 (1992) (physical precedent only), or Corley v. Harris , 171 Ga. App. 688, 689 (3), 320 S.E.2d 833 (1984), suggests a different conclusion, that language is disapproved. 3.
A tractor-trailer owned by Wall and driven by Yawn was driving behind Mrs. Davenport in the same lane. Approximately 75 feet before the entrance to the convenience store, Coffee Street intersects with Miller Street (the "Miller Street intersection"). At the time of the accident, a police officer was stopped at that intersection, waiting to turn right onto Coffee Street. Bailey v. Bartee, 205 Ga. App. 463, 465 (2) ( 422 SE2d 319) (1992). Mrs. Davenport testified that she did not activate her turn signal until she reached the Miller Street intersection, because she did not want to "confuse" the police officer stopped there — i.e., she did not want the officer to think that she was planning to turn onto Miller Street. As she reached the intersection, Mrs. Davenport again applied her brakes, then began to make the right turn into the convenience store, and was hit from behind by the tractor-trailer.