Clayton County, Ga. - Clayton County authorities arrested two men that allegedly led police on a chase through the county on I-675.
The chase began when the vehicle was clocked traveling 108 MPH. The driver refused to stop when officers attempted to initiate a traffic stop. The passenger of the vehicle then leaned out of the window and fired shots at the patrol cars. Fortunately, no one was injured.
Shortly after the shots were fired, the vehicle crashed into a concrete barrier. Both men were apprehended and taken in the Clayton County Jail. Both are facing very serious charges.
One of the most serious traffic crimes that the driver has been accused of committing is felony fleeing or attempting to elude, and as a Clayton County DUI Attorney, I will focus on the law behind this offense in today's post.
Fleeing or Attempting to Elude in Georgia
O.C.G.A. § 40-6-395 defines the offense of fleeing the police in Georgia 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.
Charges of fleeing or attempting to elude are commonly seen in cases involving DUI in Georgia. If you have been arrested for DUI or any related offenses, call our offices now. We can help you today.