LaGrange, Ga. – According to the Sheriff's Office in Troup County, a driver has been arrested on nine different charges. One of the officers attempted to pull the driver over after clocking him traveling 15 miles per hour over the posted speed limit.
Instead of pulling over, the driver allegedly sped away from the deputy. At some point during the police chase, the driver ended up going the wrong way on the interstate. The officers then performed a PIT maneuver. The chase then ended.
Once detained, the officers searched the man's vehicle. It resulted in the seizure of 3.5 ounces of ecstasy. He is facing charges of felony fleeing, aggravated assault, and trafficking ecstasy.
There are many different offenses that the man has been accused of committing. However, as a Georgia DUI Lawyer, I will focus on the law behind the crime of fleeing or attempting to elude in the state of Georgia as well as the various circumstances that elevate the charge to a felony offense.
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.
If arrested or charged with a serious traffic violation such as fleeing or DUI in Georgia. Call our offices now.