Chase with Georgia State Trooper Results in Crash in DeKalb County

Posted by Richard Lawson | Feb 18, 2019 | 0 Comments

A Georgia State Trooper made three separate attempts to stop a vehicle driven by Cortez Loften when he attempted to pull him over for speeding but he drove away. Loften eventually hit a guardrail of an entrance ramp to I-85 near North Druid Hills Road.

After Loften crashed, the trooper cornered his vehicle and stopped him from taking off. He was then arrested without incident.

Fleeing or Attempting to Elude an Officer in Georgia

Fleeing or Attempting to Elude an Officer in Georgia is one of the most serious traffic offenses you can face in our state. As a Georgia DUI Lawyer, I write on this offense quite often because it tends to go hand in hand with DUI in Georgia. Most of the time, a person is fleeing and eluding because they are worried about being charged with DUI. That is why some many fleeing and eluding cases are tied to DUI Cases in Georgia.

Fleeing or attempting to elude is defined 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. Any person violating the provisions of subsection (a) of this Code section shall be guilty of a high and aggravated misdemeanor and upon conviction shall be fined not less than $500.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation and imprisoned for not less than ten days nor more than 12 months.

According to the law, even a first time offense of fleeing or attempting to elude is classified as a high and aggravated misdemeanor which means there are significant punishments associated with the offense including a minimum of ten days in jail. 

Practice Note

The reality is that in any criminal case, you need both attention and commitment from your lawyer. As a Georgia DUI Attorney, I know that most of the time, an individual is simply not guilty of the charge.  

The majority of the time, people commit this crime because they did not see or hear the police officer. Many times, even if the accused is guilty, there are alternative punishments or reductions to lessor offenses available.

The story reported above is an exacerbated story of fleeing the police. However, most people are charged with fleeing and eluding have a reasonable explanation as to why it happened.

If you or a loved one has been arrested, contact us today. We can help represent your case and find some understanding of your situation.  

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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