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Georgia Teenager Shot by Police for Fleeing Roadblock

Posted by Richard Lawson | Jan 24, 2020 | 0 Comments

A 17-year-old driver was shot this past week after he attempted to make a U-turn when he realized he was approaching a Georgia DUI Checkpoint in Clayton County.

He fled the scene at a high rate of speed. At some point during the chase he came within inches of striking the deputy which was when the deputy pulled his gun and shot at the teenager. The teenager was then apprehended and arrested on charges of aggravated assault, possession of a handgun by someone under the age of 18 as well as various traffic violations including fleeing from police.

It is against the law to avoid a Georgia DUI Roadblock for any reason. As a Georgia DUI Lawyer, I will outline the law behind fleeing the police in today's post.

Fleeing the Police

Fleeing the 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.

The statute above is only one part of the law considering fleeing the police however. If a person is convicted for violating this portion 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 conviction means a penalty that can include up to $5,000 in fines as well as 12 months of jail time.

There are also certain conditions that cause the offense to be classified as a felony offense. Felony fleeing has very serious consequences. These conditions 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 person is convicted for violating this portion of the law, the he or she will be guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both.

Practice Note

If you or a loved one has been arrested for an offense that is related to DUI in Georgia, call our offices today.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!

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