Charles Brock, a driver in Bartow County, has been accused of trying to run over a deputy in Georgia. The initial investigation has revealed that a deputy attempted to pull Brock over for a minor traffic violation just after noon. However, Brock allegedly drove away and refused to stop.
A witness to the police chase said that the deputy lost control of his vehicle and crashed into a ditch. When he got out of the vehicle and walked up to the road, Brock then allegedly attempted to hit the deputy with his vehicle.
As a Georgia DUI Lawyer, I will outline one of the offenses potentially faced by Brock. As for now, he is a patient at Kennestone Hospital after being shot by the deputy during the incident. No charges have been released yet.
There are a variety of charges most likely to be faced including reckless driving in Georgia as well as fleeing or attempting to elude a police officer in Georgia.
Another possible charge is obstruction of a police officer after attempting to run over the deputy.
Obstruction in Georgia
Obstruction in Georgia is broken down into two different offenses. One is misdemeanor obstruction and the other is felony obstruction. Both are defined in O.C.G.A. §16-10-24.
First, let's look at misdemeanor obstruction. Misdemeanor obstruction is defined by law as:
A person will be guilty of misdemeanor obstruction when they knowingly or willfully obstruct or hinder any law enforcement officer in the lawful discharge of his official duties.
The penalty for a misdemeanor conviction in Georgia is a fine up to $1,000, jail time up to one year, or both. It can also come with community service, anger management classes, or any other punishments allowed under the misdemeanor sentencing laws of Georgia.
Next, felony obstruction is defined by law as:
A person will be guilty of felony obstruction when they knowingly and willfully resist, obstruct, or oppose any 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.
The penalty for a felony obstruction conviction is a prison term between one and five years. In addition to any prison term imposed, the accused will pay a fine of at least $300. Furthermore, the penalty could include community service and anger management classes.
Practice Note
As you can see, the difference between misdemeanor and felony obstruction is the offering or doing violence element. There are many ways that an individual can commit obstruction including taking any of the following actions:
- Resisting arrest, with or without using force
- Hindering a police investigation
- Lying to an officer
- Giving false or misleading information to an officer
- Running from an officer
- Threatening an officer
- Hitting an officer
As a Georgia DUI Attorney, it's important to point out that obstruction is a common charge associated with DUI and drug possession cases.
If you or a loved one has been arrested for DUI or obstruction or any other serious traffic violation, contact our offices today. We know that what starts as a minor traffic stop can quickly become escalated if an individual disobeys or threatens the officer.
Contact us today.
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