According to reports out of Monroe County, a driver attempted to escape an arrest after leading police on a chase that reached upwards of 120 MPH.
He was arrested after crashing into several police vehicles. He allegedly told deputies that he initiated the chase “because he was scared of law enforcement.”
He was booked into jail on several different charges including two felonies and eight misdemeanors.
As a Georgia DUI Lawyer, I will outline the law behind the offense of fleeing or attempting to elude in the state of Georgia in today's post. The offense can be charged as either a misdemeanor offense or a felony offense depending on the circumstances of the charge. In this case, the drive is facing felony fleeing charges.
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 considering fleeing the police however. If a person is convicted for violating this portion of the law - even for a first time offense, 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.
There are also certain conditions that cause the offense to be classified as a felony offense. Felony fleeing has very serious consequences. These conditions 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 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 chase and subsequent arrest in the case above started with officers noticing the driver allegedly committing the offense of failure to maintain lane in Georgia. I frequently discuss just how often serious charges result from minor traffic violations. In fact, this is just how so many drivers end up with charges of DUI in Georgia.
If you or a loved one has been arrested in the state of Georgia for DUI or a DUI related offense, call our offices today.