Atlanta, Ga. - According to reports from the Atlanta Police Department, a woman reported an extreme road rage incident that took place last night on Ponce De Leon Avenue. The woman reported that a man was outside of his car around 10:30 and she honked her horn because she could not seen him very well. The man then got into his vehicle, backed into the woman's car, and then took off.
This is when the woman called police. Officers found the suspect and confronted him. He took off running on foot and at some point was reaching into his pockets. Officers then believed that he was armed and fired two shots that missed him. The GBI is investigating the situation.
However, the man was eventually detained and arrested on aggravated assault and obstruction charges.
As an Atlanta DUI Lawyer, I will focus on the law behind the offense of obstruction in today's post. Obstruction is also known as resisting arrest and is often seen in cases involving DUI in Atlanta.
Obstruction can be charged as a felony or as a misdemeanor depending on the nature of the offense.
Misdemeanor obstruction is defined in O.C.G.A. §16-10-24(a) as:
When a person knowingly or willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties.
The penalty for a misdemeanor conviction in Georgia is a fine up to $1,000, jail time up to one year, or both. It can also come with community service, anger management classes, or any other punishments allowed under the misdemeanor sentencing laws of Georgia.
Felony obstruction is defined in O.C.G.A. §16-10-24(b) as:
When a person knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, community supervision officer, probation officer, or conservation officer in the lawful discharge of his or her official duties by offering or doing violence to the person.
The penalty for a felony obstruction conviction is a prison term between one and five years. In addition to any prison term imposed, the accused will pay a fine of at least $300. Furthermore, the penalty could include community service and anger management classes.
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