Atlanta, Ga. – A driver was killed after his vehicle was hit by another vehicle who was allegedly fleeing a traffic stop earlier today.
According to reports, the person fleeing the traffic stop reached high speeds in an attempt to get away from police. Georgia State Patrol Troopers were in pursuit when the other vehicle was struck.
As an Atlanta DUI Lawyer, I see cases involving both fleeing or attempting to elude police and DUI in Atlanta quite frequently. In today's post, I will outline the law behind the offense of fleeing or attempting to elude police so as to provide a closer look at the law.
Fleeing or Attempting to Elude
Fleeing or attempting to elude is outlined 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.
If you have been arrested for a serious traffic violation or any related charges such as drug possession or obstruction, call our offices today. We can help you with your case now.