Actor, Vince Vaughn, was arrested on Sunday morning and accused of DUI and resisting and obstructing a police officer in Manhattan Beach, California.
Resisting and obstructing a police officer is known as obstruction of a law enforcement officer in Georgia.
According to reports, Vaughn was stopped at a DUI Checkpoint and allegedly “delayed the investigation.” The arresting officer noted that Vaughn was not fighting with the officers involved in the DUI investigation.
Although this arrest occurred in California under California Law, we have similar laws here in Georgia regarding delaying or hindering police investigations.
As a Georgia DUI Lawyer, I will focus today's post on the criminal offense of obstruction in Georgia.
Obstruction of a Law Enforcement Officer in Georgia
Obstruction can be classified as either a misdemeanor or a felony in Georgia. The difference is whether or not the accused person offered or committed violence towards the officer. This small detail between a felony and a misdemeanor conviction is all the more reason that an obstruction charge should not be taken lightly.
(1) Misdemeanor Obstruction in Georgia is defined by law as: when a person knowingly or willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties (O.C.G.A. §16-10-24(a)).
If convicted of misdemeanor obstruction, you face up to twelve months in jail, fines up to $1,000, or both.
(2) Felony Obstruction in Georgia is defined by law as: when a person knowingly and willfully resists, obstructs, or oppose sany law enforcement officer, prison guard, correctional officer, community supervision officer, probation officer, or conservation officer in the lawful discharge of his or her official duties by offering or doing violence to the person (O.C.G.A. §16-10-24(b)).
If convicted of felony obstruction, you face imprisonment of one to five years, a minimum fine of $300, community service, or anger management classes.
Practice Note
The majority of the time, most people are overwhelmed, frustrated, or angry when the possibility of an arrest comes up. This can lead to overreactions and bad behavior or conduct. We see this all the time with DUI in Georgia.
However, when an obstruction charge is combined with a DUI charge on top of a traffic charge, the chances of harsher Georgia DUI Penalties increases.
This is why hiring a Georgia DUI Attorney is so important. Our firm has over 50 years of combined experience and can walk you through the process. Contact us today so that we can investigate your case and apply the best Georgia DUI Defenses.
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