Authorities were “out in force” in Roswell yesterday morning after four people led a police chase in what is believed to be a stolen vehicle.
Police were able to apprehend one of the four. The others are still on the run. After a PIT maneuver following the chase, three people ran from the car into a wooded area near Crossville Rd in Woodstock.
As a Georgia DUI Lawyer, I handle all types of cases related to DUI in Georgia. This can include offenses such as fleeing or attempting to elude as in the story above or other offenses such as reckless driving in Georgia. In today's post, I will outline the law behind the offense of fleeing as it is one of the charges faced by the suspects in the story above.
Fleeing or Attempting to Elude the Police in Georgia
Fleeing or Attempting to Elude 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.
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.
Call our offices now if you or a loved one has been arrested for DUI or a related offense.