Police in Brookhaven are looking for a driver that fled from a traffic stop.
It all started when police were notified of a vehicle that had been reported as stolen. One of the on-duty officers saw the car and attempted to pull it over. Instead of pulling over, however, the driver proceeded to speed away. This led to a high speed chase that resulted in the crashing of the vehicle.
The driver proceeded to jump out of the vehicle and took off running. Police are still looking for the suspect.
There are several different types of traffic violations that the suspect has been accused of committing along with the car theft. And as a Georgia DUI Lawyer, I specialize in all different offenses including traffic violations. All offenses that are related to DUI in Georgia.
In today's post, I will outline the law behind the offense of fleeing or attempting to elude in Georgia.
Fleeing or Attempting to Elude in Georgia
Fleeing or Attempting to Elude Police in Georgia is defined by Georgia Law 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.
A first time offense of fleeing or attempting to elude is classified as a high and aggravated misdemeanor in the state of Georgia. This means that if a person is convicted of fleeing or attempting to elude, he or she is facing up to 12 months of jail time as well as fines up to $5,000.
However, there are circumstances that can exacerbate the penalties associated with a charge of fleeing or attempting to elude. These circumstances include when a driver flees and:
(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 driver flees under any one of the above-mentioned circumstances, then a person is facing a felony charge of fleeing or attempting to elude.
There are many different offenses that are related to DUI or lead to charges for DUI. If you or a loved one has been arrested, contact us today. We can help you with your case now.