Georgia Driver Hits Cop Car After Fleeing Arrest

A North Georgia man who ended up slamming into a police vehicle while attempting to flee his own arrest has been convicted and sentenced to fifteen years in prison.

As a Georgia DUI Lawyer, I will expand on the law behind fleeing or attempting to elude the police as it was one of the offenses the man was convicted of committing.

Fleeing or Attempting to Elude in Georgia

Fleeing or Attempting to Elude Police 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.

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

If you or a loved one has been arrested for a serious traffic violation, contact our offices now.