Emmanuel Holcomb, a Georgia teenager, was last seen jumping out of a window to escape police in Gwinnett County has been arrested in Texas.
In the past month, Holcomb has escaped Georgia police on three different reported occasions. According to reports out of Dallas, he has finally been apprehended. Holcomb jumped out of a second-story window and ran away in Gwinnett County. This happened again in Texas - only this time, Holcomb was arrested.
Right now, Holcomb is facing several different felony charges including assault and obstruction in Georgia.
As a Georgia DUI Lawyer, I will outline the law behind fleeing or attempting to elude police in Georgia. The law is relatively complicated and has several different sections, including when the offense is classified as a felony as is being charged here against Holcomb.
Fleeing or Attempting to Elude an Officer in Georgia
Fleeing or attempting to elude in Georgia is defined by Georgia Law in the first portion of the law:
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.
This portion of the law is classified as a high and aggravated misdemeanor in Georgia. The next portion of the law defines the circumstances in which the offense is elevated to a felony offense.
The law is as follows:
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
shall 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.
If you or a loved one has been arrested in Georgia, contact a Georgia DUI Attorney today.