DUI Suspect Extradited to Tennessee from Smyrna

Cobb County Police

Smyrna, Ga. - Officers in Smyrna arrested a man who is wanted on charges of DUI, reckless endangerment, obstruction, and fleeing police in Tennessee.

It is unclear how officers knew or recognized the man, however, he was arrested at a gas station off of South Cobb Drive. He was held for three days in Cobb County before he was extradited to Tennessee to face his charges.

As a Georgia DUI Lawyer, I will expand on one of the charges that the man is facing in the state of Tennessee - fleeing police. Even though, he is facing these charges in Tennessee, Georgia has its own laws surrounding fleeing the police within the state of Georgia.

Fleeing or Attempting to Elude Police in Georgia

O.C.G.A. § 40-6-395 defines Fleeing or Attempting to Elude 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.

Practice Note

It is important that if you or a loved one has been arrested for DUI in Georgia that you contact our offices immediately. We can help you understand the legal consequences that you are up against. We will also explain what options you have through our firm and how we can best help you with your case.

Call us now.