According to reports out of Clayton County today, a man is in critical condition after a police chase resulted in a gunshot wound.
A deputy reported that he shot Nicholas Bolton in an attempt to get him to avoid hitting another officer with his vehicle while he attempted to flee. Officers attempted to get Bolton out of the car after accusing him of loitering in a local parking lot. He refused and sped away in the parking lot.
No officers were reported as injured in the shooting or the incident. Bolton has been taken to Atlanta Medical Center and as reported, is in critical condition. The last officer shooting in Clayton occurred on June 20th after another police chase in Statesboro.
As a Georgia DUI Attorney, I will outline the offense of fleeing or attempting to elude an officer in today's post.
Fleeing or Attempting to Elude in Georgia
Fleeing or Attempting to Elude 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 circumstances that elevate the crime 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.