Clayton County has continued to make headlines with a rather high amount of crime during the Shelter in Place Order put in place by Governor Kemp.
As of yesterday, a man was charged with several felony charges including aggravated assault, battery, and theft. This was after he led officers on a high speed chase through the county.
Most Georgia counties have laws surrounding police chases. This typically stops when speeds get too high or reckless. Here, officers were able to get the man to pull over before the chase got too dangerous.
As a Georgia DUI Lawyer, I handle cases involving fleeing police and DUI in Georgia quite regularly. Most people do not make the decision to flee from police. Unfortunately, it tends to be a poorly-thought out and split second decision.
In today's post, I will outline the law behind this particular offense.
Fleeing or Attempting to Elude in Georgia
Fleeing or Attempting to Elude Police in Georgia is defined by Georgia Law in O.C.G.A. § 40-6-395 as:
It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle.
A first time offense of fleeing or attempting to elude is classified as a high and aggravated misdemeanor in the state of Georgia. This means that if a person is convicted of fleeing or attempting to elude, he or she is facing up to 12 months of jail time as well as fines up to $5,000.
However, there are circumstances that can exacerbate the penalties associated with a charge of fleeing or attempting to elude. These circumstances include when a driver flees and:
(i) Operates his or her vehicle in excess of 20 miles an hour above the posted speed limit;
(ii) Strikes or collides with another vehicle or a pedestrian;
(iii) Flees in traffic conditions which place the general public at risk of receiving serious injuries;
(iv) Commits a violation of paragraph (5) of subsection (a) of Code Section 40-6-391; or
(v) Leaves the state.
If a driver flees under any one of the above-mentioned circumstances, then a person is facing a felony charge of fleeing or attempting to elude.
Call our offices now if you have been arrested in the state of Georgia.