Home Invasion in Gainesville Leads to Police Chase

Hall County Courthouse

Gainesville, Ga. - Four individuals have been arrested relating to a situation that occurred near Lake Lanier in Hall County.

The situation involved boat theft and it is believed that three more suspects are still sought after by police. It began on Monday when police showed up to the scene of an alleged home invasion. The suspects fled the scene in a vehicle which led to a police chase. The chase resulted in the crash. Then people jumped out of the vehicle and ran to a dock in Harbor Cove. This led to the theft of a boat and the disappearance of the suspects.

As a Georgia DUI Lawyer, I will focus on one of the offenses which is fleeing or attempting to elude.

Fleeing or Attempting to Elude

Fleeing or attempting to elude in Georgia is typically classified as a misdemeanor of a high and aggravated nature.

Fleeing is defined 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 penalties if convicted can include up to $5000 in fines and between ten days and twelve months in jail.

However, as displayed in the story above, there are also situations in which the offense of fleeing or attempting to elude is escalated to a felony offense. These situations include when a driver flees and:

• Operates his or her vehicle in excess of 20 miles an hour above the posted speed limit;
• Strikes or collides with another vehicle or a pedestrian;
• Flees in traffic conditions which place the general public at risk of receiving serious injuries;
• Commits a violation of paragraph (5) of subsection (a) of Code Section 40-6-391; or
• Leaves the State.

If convicted of felony fleeing or attempting to elude, the penalty can include up to five years in prison.

Practice Note

If arrested or charged with a serious traffic violation such as fleeing or DUI in Georgia. Call our offices now.