Smyrna, Ga. - A man that has been wanted by several local law enforcement agencies has been arrested this past week for an incident that occurred last month. The suspect has been accused of stealing a U-Haul truck in Smyrna, driving the truck to Sandy Springs, and hitting an officer's patrol car with the vehicle.
He fled police during the initial incident, but was arrested this past week. He was found to be in possession of methamphetamine as well as a stolen handgun. The suspect is facing a lot of charges - however, as a Georgia DUI Lawyer, I will outline the law behind only one of the offenses - fleeing or attempting to elude the police.
Fleeing or Attempting to Elude the Police in Georgia
O.C.G.A. § 40-6-395 defines the offense of fleeing the police 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.
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.
If you or a loved one has a DUI case in Georgia and are in need of representation, contact our offices right away. We can help you with your case now.