According to reports out of Carroll County, a driver attempted to hit several deputies with his pickup truck after they attempted to pull him over.
Fortunately, the driver was unsuccessful, and no one is hurt, but the driver as well as the passenger of the vehicle were arrested on charges of drug possession and resisting arrest - otherwise known by law as obstruction of a police officer.
Obstruction in Georgia
Obstruction is a common additional charge in DUI cases and cases of marijuana possession in Georgia. However, obstruction can also be charged on its own. Obstruction refers to whenever a police officer observes an individual knowingly and willfully hindering his or her police duties. Examples include:
- Using profanity with an officer
- Resisting an officer's arrest
- Attempting to fight an officer
- Running away from an officer
- Hitting an officer, etc.
Georgia law separates the offense of obstruction in Georgia into two different types: misdemeanor and felony obstruction.
Misdemeanor obstruction is defined in O.C.G.A. §16-10-24(a) as:
When a person knowingly or willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties.
The penalty for a misdemeanor conviction in Georgia is a fine up to $1,000, jail time up to one year, or both. It can also come with community service, anger management classes, or any other punishments allowed under the misdemeanor sentencing laws of Georgia.
Felony obstruction is defined in O.C.G.A. §16-10-24(b) as:
When a person knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, community supervision officer, probation officer, or conservation officer in the lawful discharge of his or her official duties by offering or doing violence to the person.
The penalty for a felony obstruction conviction is a prison term between one and five years. In addition to any prison term imposed, the accused will pay a fine of at least $300. Furthermore, the penalty could include community service and anger management classes.
As I mentioned above the crime of obstruction is commonly seen with DUI cases in Georgia. This is why as a Georgia DUI Attorney, I handle these types of cases. If you or a loved one has been arrested for DUI or a related offense, contact our offices now. We can help you today.