Forsyth County, Ga. - According to reports out of Forsyth County, two people have been arrested when they allegedly threw narcotics and cash out of a moving car after fleeing from a routine traffic stop.
The driver and the passenger were arrested after this incident, and as a Georgia DUI Lawyer, I will focus on one of the offenses - fleeing or attempting to elude in the state of Georgia.
Fleeing or Attempting to Elude in Georgia
O.C.G.A. § 40-6-395 defines Fleeing or Attempting to Elude 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.
Fleeing or attempting to elude if often charged in cases for DUI in Georgia. This is because most of the time when a person is fearful of being arrested for driving under the influence they make last minute decisions to get away from the investigation and subsequent arrest.
We understand that everyone makes mistakes and that even worse, there are times where people are wrongly accused. Call our offices today.