Newnan, Ga. - Officers from both the Newnan Police Department and the Coweta County Sheriff's Department were involved in a police chase with a motorcyclist.
According to reports, the motorcyclist passed officers at allegedly high speeds. This resulted in a 100+ MPH chase along Highway 34. Officers eventually caught up to the man after he had abandoned the motorcycle and gone inside of a local bails bond store. Officers stated that they attempted to give verbal commands but it appeared as though the man was reaching for a gun. One of the officers responded by shooting the man in the leg.
This is reported as the 50th police involved shooting this year alone. The Georgia Bureau of Investigation is working to get answers. The man was ultimately arrested, and he did have a firearm on his person. He is expected to make a full recovery.
As a Georgia DUI Lawyer, I will outline the law on the offense of fleeing or attempting to elude in the state of Georgia. The offense is most often classified as a misdemeanor - however, there are certain circumstances that most definitely apply here that can escalate the charge to a felony.
Fleeing or Attempting to Elude in Georgia
Georgia Law outlines the law behind the offense of Fleeing or Attempting to Elude in Georgia 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 have been arrested in the state of Georgia for a traffic related crime such as fleeing or DUI in Georgia. We can help you with your case now.