Two men have been arrested in Monroe County on various drug charges.
According to police, an officer attempted to pull over their vehicle after it was clocked for speeding. However, instead of stopping when the officer initiated the stop, the driver continued to speed away. The high speed chase ended in a crash and both men went running in different directions. Both were ultimately apprehended.
The driver is facing traffic violations as well including felony fleeing or attempting to elude an officer, driving without a license, reckless driving and speeding.
As a Georgia DUI Lawyer, I will outline the most serious of the traffic violations faced by the driver in the story above - fleeing or attempting to elude the police in the state of Georgia.
Fleeing or Attempting to Elude Police in Georgia
Fleeing or Attempting to Elude 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.
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 or a loved one has been arrested for a serious traffic violation, contact our offices now.
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