According to reports out of Oglethorpe County, a routine traffic stop escalated when a GSP (Georgia State Patrol) Trooper allegedly discovered marijuana, crack cocaine, cash, and a shotgun during a vehicle search.
The driver, Albert Collins, was pulled over for speeding in Georgia. Collins pulled over, but officers smelled marijuana as they approached the vehicle which in turn led to the search of his vehicle. The stop escalated further when Collins attempted to jump back into his vehicle and drive away.
His attempt failed however, and officers took Collins into custody without further incident.
As a Georgia DUI Lawyer, one of the offenses faced by Collins will most likely be obstruction of a law enforcement officer. In today's post I will outline the law behind obstruction in Georgia. Some examples of obstruction include:
- Lying to the police
- Threatening the police
- Hitting the police
- Fleeing the police, etc.
Obstruction in Georgia
Obstruction of a law enforcement officer in Georgia is defined by the Georgia Code in O.C.G.A. §16-10-24 by splitting the offense into a misdemeanor version as well as a felony version.
Misdemeanor obstruction is defined as:
A person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.
The penalty if convicted of misdemeanor obstruction can include up to 12 months in jail and a $1000 in fines.
Felony obstruction is defined as:
Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
The penalty if convicted of felony obstruction can include up to five years of prison.
Obstruction of law enforcement officers is a common additional charge to both DUI in Georgia as well as drug possession cases in Georgia. Of course, it can also be charged alone.
If you or a loved one has been arrested for misdemeanor or felony obstruction of a law enforcement officer, contact us today. We will review the circumstances of your arrest and evaluate your case for any potential defenses to get the best possible outcome in your case. Obstruction in Georgia is a serious matter, regardless of whether or not it's a misdemeanor or a felony - act now.