According to reports out of South Carolina, a Georgia man threw a girl from his car when he attempted to flee police.
A deputy in Richland County discovered the man's car in a vacant parking lot on 3 a.m. on Sunday morning. When the officer approached the car, he saw two people in the car. The man allegedly climbed into the front seat and sped away from the scene.
The deputy followed him and this led to a lengthy police chase. The reports show that at least twice during the chase, the car braked hard and drove the car off of the road. At one of the stops, the officer saw him throw something out of his car. He was not aware that what he threw was a 13-year-old girl.
The man explained once he stopped the car that he was hooking up with a girl that he met off the internet. The man is 30 years old. Other charges will most likely be brought against him.
As a Georgia DUI Lawyer, I will focus on the major traffic violation in today's post from the story above.
Fleeing the Police in Georgia
Fleeing the police in Georgia is defined by the Georgia Code 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.
If convicted of fleeing or attempting to elude, a person is guilty of a high and aggravated misdemeanor in Georgia.
However, there are situations in which fleeing elevates to a felony offense. These circumstances include the following:
(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 the act of fleeing or attempting to elude includes any of the above situations, then an individual is facing up to five years in prison and a felony conviction.
Practice Note
Fleeing the police is quite often seen with DUI in Georgia as well as with other serious traffic violations. If you or a loved one is facing charges, contact our offices today.
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