According to reports out of Milledgeville, two men were arrested after robbing a local store at gunpoint and leading police on a 100 MPH chase.
As a Georgia DUI Lawyer, I handle plenty of cases involving police chases and charges of DUI in Georgia. The two offenses tend to be charged together as many decide to run from the police under the threat of arrest. In today's post, I will outline the law behind fleeing or attepting to elude police.
Fleeing or Attempting to Elude Police in Georgia
Georgia Law defines fleeing or attempting to elude police in Georgia in O.C.G.A. §40-6-395 of the Georgia Code 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.
This is only the first part of the law. If a person is convicted for violating this particular part of the law - even for a first-time offense, then he or she will be guilty of a misdemeanor of a high and aggravated nature. A normal misdemeanor can include up to $1,000 in fines and 12 months of jail time. However, a high and aggravated misdemeanor conviction means a penalty that can include up to $5,000 in fines as well as 12 months of jail time.
The law then continues on to define situations in which fleeing or attempting to elude is classified as a felony offense. A felony is a step up from a high and aggravated misdemeanor and two steps up from a normal misdemeanor regarding the penalties associated with a conviction.
The law is as follows:
Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense, other than a violation of this chapter not expressly provided for in this paragraph:
(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 person is convicted for violating this part of the law, the he or she will be guilty of felony fleeing or attempting to elude. This conviction is punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both.
As I've mentioned many times, as a Georgia DUI Attorney, I handle all types of traffic cases including those involving a police chase or an even a misunderstood and mischarged arrest for fleeing or attempting to elude.
If you or a loved one has been arrested, contact our offices today. We can help you with your case now.