Two brothers led a high-speed chase this past Saturday morning in Rockdale County. The chase ended in fatal crash, killing one of the brothers and severely injuring the other. According to reports, police attempted to pull the car over when they ran the plates realizing it was a car that had been reported stolen.Â
The driver turned off the car's lights and allegedly lost control of the vehicle around a curve which resulted in the crash.Â
As a Georgia DUI Lawyer, I handle cases that involve police chases or fleeing the police quite frequently. Usually someone has made a mistake and made a rash decision. Other times the consequences are much more serious. In today's post, I will outline the offense as dictated by Georgia Law.Â
Fleeing or Attempting to Elude in Georgia
According to O.C.G.A. §40-6-395, fleeing or attempting to elude in Georgia is separated in the statute as a high and aggravated misdemeanor as well as a felony.Â
The high and aggravated misdemeanor version of fleeing or attempting to elude is defined 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 felony version of fleeing or attempting to elude is defined as:
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.
Practice Note
As you can see, fleeing or attempting to elude an officer can result in some serious consequences. If you or loved one has been arrested for DUI in Georgia and attempted to flee the scene, contact our offices today. We can help you with your case. Contact a Georgia DUI Attorney today.
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