An unidentified man has been arrested and taken into custody after allegedly ramming police cars with his vehicle during a traffic stop.
The arrest occurred in DeKalb County on I-20. According to reports, two left lanes were closed as a result. Several officers blocked in the man's car after learning that he was wanted on an unrelated warrant.
As a Georgia DUI Lawyer, it is obvious that the offenses committed by the driver above fall into the realm of felony assault or battery. However, these actions also fall under the category of obstruction in Georgia. In today's post, I will outline the offense of obstruction as to provide some clarity as to what constitutes the crime.
Obstruction in Georgia
The Georgia Code defines obstruction in Georgia in O.C.G.A. §16-10-24 in two different portions. One portion defines the misdemeanor level of the offense, while the other portion defines the felony level of the offense.
Misdemeanor obstruction is defined as:
(a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.
If convicted of misdemeanor obstruction, a person faces up to 12 months in jail as well as fines up to $1,000.
Felony obstruction is defined as:
(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
If convicted of felony obstruction, a person faces up to five years in prison.
According to the law, there is misdemeanor level as well as felony level obstruction. The difference between the two offenses is whether or not a threat of violence or actual violence is done to the officer.
Depending on the circumstances, a person charged with obstruction is facing anywhere up to 12 months or up to 5 years of incarceration. This is why if you've been arrested for obstruction or obstruction is a part of your Georgia DUI Case, contact our offices now.