As a Georgia DUI Lawyer, I typically write my posts centered around up to date DUI news in the state of Georgia. We have some of the strictest DUI laws in the country. However, I will also write about scenarios where DUI related offenses in Georgia.
Alphonso Rikard, a 30-year-old man from Douglas County, is facing a hefty amount of jail time after being convicted of both aggravated assault on a law enforcement officer as well as fleeing or attempting to elude the police.
According to reports, Rikard attempted to run two police officers over with his car after they attempted to arrest him for shoplifting from a Plato's Closet location. When the officers arrived at the scene, Rikard tried to flee the scene, but ended up dragging one of the officers behind his car and then almost hitting both of the officers when he drove off as he was weaving in and out of parked vehicles in the parking lot.
This led to a high speed chase that resulted in Rikard crashing his vehicle and fleeing from the scene on foot.
Fleeing or Attempting to Elude an Officer in Georgia
Fleeing or Attempting to Elude an Officer in Georgia is defined in the Georgia Code in O.C.G.A. §40-6-395. The statute states that:
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.
Violating this part of the law is classified as a misdemeanor in Georgia. This means that if convicted of willfully failing or refusing to bring his or her vehicle to a stop will face a penalty of up to 12 months in jail as well as fines up $1,000.
The statute also states that:
In addition, if the accused driver, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense:
(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) Is DUI over .08 grams
(v) Leaves the state.
If convicted of this part of the statute, then the driver will be facing a felony. Felony penalties include up to 5 years in prison.