Drug Trafficker Convicted of Fleeing Georgia Authorities

Cobb County authorities have convicted a local drug dealer this past week of multiple felonies. He was initially arrested in connection to a drug trafficking case. The incidents began in 2017. He has been arrested twice in the past two years. He was subject to investigation after more than 200 grams of methamphetamines and 6 ounces of marijuana were discovered in his home after a domestic dispute.

He failed to appear to the initial hearing in that case. A warrant was issued and police attempted to pull him over a few months later. A news release from Cobb County Police Department explained that he stopped briefly but as the officer approached, the suspect put his vehicle in gear and rammed the officer's vehicle. He then attempted to flee the scene.

As a Georgia DUI Lawyer, I will outline the offense of fleeing or attempting to elude as he has been convicted of that as well.

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.

Practice Note

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