Fleeing or Attempting to Elude a Police Officer in Georgia
One of the most serious traffic offenses you can face is O.C.G.A. 40-6-395 - Fleeing or Attempting to Elude a police officer.
Even a first time offense is considered a high and aggravated misdemeanor which means there are significant punishments associated with the offense including a minimum of ten days in jail. This statute also makes it illegal to impersonate a law enforcement officer. While these crimes can be charged on their own, they are often charged along with other serious traffic offense such as reckless driving and DUI which can lead to a felony fleeing charge. Unfortunately, many times a person is fleeing and eluding because they are worried about being charged with DUI. That is why some many fleeing and eluding cases are tied to DUI Cases in Georgia. That is why Georgia's Top-rated DUI Attorney handles so many fleeing and eluding cases.
Our Experience in Fleeing and Eluding Cases is the Difference
When the stakes are hight and the consequences are steep, having the best legal defense on your side. Many times these cases can be reduced to a lessor offense. That can make all the difference to you and your life. Richard Lawson has been defending Fleeing and eluding cases for more than 25 years. He is Georgia's top-rated DUI Lawyer. As a Former Georgia Prosecutor, he knows the ins and outs of your case, from both sides. He is Georgia's most reviewed lawyer. His reviews can be read on AVVO. Hire Georgia's Top-rated DUI Attorney today.
How Does Georgia Law Apply to Misdemeanor Fleeing and Eluding Cases?
Georgia law states that a person can be charged with misdemeanor or felony fleeing or eluding. Georgia law holds that it is illegal for any driver to willfully fail or refuse to bring his or her vehicle to a stop or to flee from a pursuing police vehicle or officer when they are blue lighted or some other signal is given indicating that the officer is attempting to pull over the vehicle. Of course, this cannot be ambiguous. The officer must be in uniform and in an appropriately marked vehicle. It is also illegal to state that one is a police officer if they are not one to avoid arrest. In these situations, the person will be charged with misdemeanor felony fleeing or attempting to elude.
Penalties for Misdemeanor Fleeing or Attempting to Elude in Georgia
A person found guilty of misdemeanor fleeing or attempting to elude in Georgia will be guilty of a misdemeanor of a high and aggravated nature. For a first conviction, the accused will have a fine between $1,000 and $5,000 and a jail term between 30 days and 12 months. Jail time beyond 30 days can be probated by the judge.
A second conviction within ten years will result in a fine between $2,500 and $5,000, a jail term between 90 days and 12 months, or both. Jail terms beyond 90 days can be probated by the judge.
A person convicted for a third time within ten years will face a punishment of jail time between 180 days and 12 months, a fine between $4,000 and $5,000, or both. A jail term beyond 180 days can be probated by the judge.
For misdemeanor offenses, a plea of nolo contendere will constitute a conviction.
Felony Fleeing or Attempting to Elude in Georgia
In addition, if the accused driver, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense commits one of the following offenses:
- Operates his or her vehicle in excess of 20 miles an hour above the posted speed limit;
- Strikes or collides with another vehicle or a pedestrian;
- Flees in traffic conditions which place the general public at risk of receiving serious injuries;
- Is DUI over .08 grams
- Leaves the state
- Fails to stop when entering the road
- Unlawfully passes a school bus
- Lays drag
- Reckless driving
then they may be charged with a felony.
Penalty for Felony Fleeing or Attempting to Elude in Georgia
A conviction for felony fleeing or eluding can result in penalties of prison time between 12 months and 10 years, a fine between $5,000 and $10,000, or both. For felony charges, the sentence may not be probated, deferred, or withheld, and the charge may not be reduced to a lesser offense, merged with any other offense, or served concurrently with any other offense.
If you have been charged with felony fleeing or attempting to elude and have questions about your case, contact our Georgia Felony Fleeing Lawyers today.
What Can a Georgia Attorney Do to Help? Is There Hope?
In any serious case, you need serious attention and commitment from your lawyer. Our attorney have successfully defended hundreds of people charged with Fleeing and Eluding in Georgia. Many times the client is simply not guilty of the charge. They are mis-charged because they did not see or hear the police officer. Many times, even if the accused is guilty, there are alternative punishments or reductions to lessor offenses available.
Many times people who are charged with fleeing and eluding have a reasonable explanation as to why it happened. Sometimes its simply just a one time lapse in judgement that should not permanently define a person's life. We can help present your case and find some understanding of your situation. We can show the prosecutor that this one time act is not who you really are in everyday life. There is hope!
Contact Us Today
If you have been charged with Fleeing and Eluding charge in Georgia, contact us today for immediate legal attention. We are here to help 24/7, 365 days a year because your problems need immediate attention.