According to reports out of North Georgia, a local Atlanta man was arrested after fleeing a traffic stop. The man has been accused of multiple counts of fleeing or attempting to elude police, speeding, failure to obey traffic devices, and reckless driving.
He has also been accused of driving on a suspended license. Although the man has been arrested in North Georgia, the same charges would apply in Atlanta had he been accused of the same driving acts closer to home.
As an Atlanta DUI Lawyer, I will focus on the felony offense that the driver is facing in today's post - fleeing or attempting to elude. Most of the time fleeing or attempting to elude is classified as a high and aggravated misdemeanor. However, as shown below, there are certain circumstances that make it a felony.
Fleeing or Attempting to Elude Police in Atlanta
Fleeing or Attempting to Elude Police in Atlanta is defined in O.C.G.A. § 40-6-395 of the Georgia Code 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, as I mentioned above, there are certain 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.
Call an Atlanta DUI Attorney today if you or a loved has been arrested in a serious traffic case.