Three Men Arrested in Cumming After Fleeing Police

City of Cumming

Cumming, Ga. – Three men have been arrested after leading police on a high-speed chase through Cumming.

The pursuit involved the three men and several Forsyth County deputies. A 911 call is what led to the pursuit. The chase ended on Buford Dam Road.

The driver is facing several charges including reckless driving and fleeing or attempting to elude police. As a Georgia DUI Lawyer, I will outline the law behind fleeing or attempting to elude in the state of Georgia.

Fleeing or Attempting to Elude in Georgia

Fleeing or Attempting to Elude in Georgia is outlined 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.

Practice Note

If you have been arrested for DUI or any other serious traffic violation, call our offices now. A Georgia DUI Attorney can help you with your case today and determine the best course of action for you.