At 2:30am, police in Cobb County, were alerted to a burglary off of South Cobb Drive. Officers then attempted to pull over the described car, but that turned into a chase. The chase ended in a crash at the I-285/I-75 interchange.
Smyrna officers arrested two individuals at the scene. Other than that no other details have been released. As a Georgia DUI Lawyer, I will outline the offense of fleeing an officer in today's post.
Fleeing or Attempting to Elude an Officer in Georgia
The Georgia Code defines fleeing or attempting to elude an officer in Georgia 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. O.C.G.A. §40-6-395(a).
Fleeing or attempting to elude is classified as a misdemeanor most of the time. However, I must note that there are situations that can make this offense a felony. These situations include fleeing in traffic conditions that place the general public at risk of receiving serious injuries or striking or colliding with another vehicle or pedestrian.
Practice Note
Car accidents can also be charged criminally if as a result of investigation the accident is deemed to be the result of a traffic violation. These traffic violations can include:
- Following Too Closely in Georgia
- Speeding in Georgia
- Reckless Driving in Georgia
- Failure to Maintain Lane in Georgia, etc.
The car crash in the story above is serious, and the investigation is still ongoing. If you or a loved one has been accused or arrested for committing a traffic violation, such as DUI in Georgia, contact us today.
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