Atlanta, Ga. – This past Thursday night, Clayton County Officers along with Atlanta Police Officers were led on a high speed vehicular chase that resulted in a foot chase through Midtown.
The incident started with officers in Clayton County noticing a vehicle that had been reported as stolen. This led to a chase into Atlanta City Limits. At one point the driver and the passengers abandoned the car and led officers on a foot chase. They were later apprehended by officers.
As an Atlanta DUI Lawyer, I will focus on the predicate crime which is fleeing or attempting to elude police. Read below.
Fleeing or Attempting to Elude Police
Fleeing or attempting to elude police is defined by Georgia Law in O.C.G.A. §40-6-395. There are many different criminal acts that are encompassed by the statute itself. The first part of the statute states:
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.
Violating this part of the law is classified as a misdemeanor offense. This means that if convicted of willfully failing or refusing to bring his or her vehicle to a stop will face a penalty of up to 12 months in jail as well as fines up $1,000.
The second part of the statute explains situations that cause the offense of fleeing an officer to taken more seriously:
In addition, if the accused driver, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense:
(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) Is DUI over .08 grams
(v) Leaves the state.
If convicted of this part of the statute, then the driver will be facing a felony. Felony penalties include up to 5 years in prison.
Contact our offices now if you are facing a case involving DUI in Atlanta or any DUI-related charges.