According to reports out of Stone Mountain, an incident involving an undercover patrol car and a vehicle suspected of drug activity started during rush hour on Tuesday.
The officers attempted to pull the car over after an improper stop at a stop sign. However, after the car only came to a partial stop before speeding off and hitting another vehicle. The police chase ended after the car crashed into a utility pole.
As a Georgia DUI Lawyer, I will outline the offense of leading the police on a chase otherwise known by the law as fleeing the police in the state of Georgia.
Fleeing the Police in Georgia
Fleeing the police in Georgia is defined by Georgia Law 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 statute above is only one part of the law considering fleeing the police however. If a person is convicted for violating this portion of the law - even for a first time offense, then he or she will be guilty of a misdemeanor of a high and aggravated nature. A conviction means a penalty that can include up to $5,000 in fines as well as 12 months of jail time.
There are also certain conditions that cause the offense to be classified as a felony offense. Felony fleeing has very serious consequences. These conditions 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 person is convicted for violating this portion of the law, the he or she will be guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both.
If you or a loved one has been arrested, contact our offices now.