Riverdale, Ga. - Police are still searching for an uncle and nephew who they claim are responsible for causing the death of a 17-year-old driver.
According to reports out of Clayton County, police attempted to arrest a man who had an outstanding warrant for aggravated assault. He allegedly attempted to run his significant other over with his vehicle. The man fled the scene as deputies arrived. He had three passengers in his car. The chase ended in DeKalb County. The driver allegedly ran a red light and hit another vehicle on Moreland Avenue. The wreck resulted in the death of the driver as well as injured the passenger in the vehicle.
As a Georgia DUI Lawyer, I will cover the law behind the one of the offenses committed by the man wanted by authorities which is also a DUI related offense - fleeing or attempting to elude police.
Fleeing or Attempting to Elude Police in Georgia
Georgia Law defines fleeing or attempting to elude police 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.
There are many different offenses that are related to DUI in Georgia. If you or a loved one has been arrested, contact us today. We can help you with your case now.