Marietta police arrested a man and a woman for many different charges including theft by receiving stolen property, drug possession, and fleeing or attempting to elude a police officer.
Authorities were made aware of a stolen vehicle being driven on Austell Road. They attempted to pull the driver over, however, the driver then led police on a high-speed chase reaching speeds of 115 MPH.
Although the two individuals are facing a number of criminal charges, as a Georgia DUI Lawyer, I will focus on the offense of fleeing or attempting to elude in today's post.
Fleeing or Attempting to Elude in Georgia
Fleeing or attempting to elude 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.
The statute above is only one part of the law however. If a person is convicted for violating this portion of the law, then he or she will be guilty of a misdemeanor of a high and aggravated nature. A conviction means a penalty that can include up to $5,000 in fines as well as 12 months of jail time.
The statute then goes on to define situations in which fleeing or attempting to elude is classified as a felony offense.
Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense, other than a violation of this chapter not expressly provided for in this paragraph:
(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 person is convicted for violating this portion of the law, the he or she will be guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both.
The offense of fleeing or attempting to elude is one often paired with DUI in Georgia. This is because the majority of people who are fearful of being arrested for DUI end up making a last minute judgment call to outrun the police attempting to pull them over.
If you or a loved one has been arrested, contact a Georgia DUI Attorney today.