Atlanta, Ga. - According to reports just south of the City of Atlanta, a teenager has been arrested after running a red light.
It was not the traffic violation that resulted in her arrest however. Police stated that she attempted to grab the citation from the officer and struggled with the officer during the stop. This then led to the driver refusing to exit the vehicle and attempting to fight off the officer.
Back-up was called and police arrested the driver for obstruction, battery, and a red-light violation.
Although this was outside of the City of Atlanta, as an Atlanta DUI Lawyer, I will focus on the law behind the offense of obstruction in today's post as it is often seen alongside charges for DUI in Atlanta.
Obstruction in Georgia
Whether obstruction is a misdemeanor or a felony is dependent on the circumstances of the offense. The breakdown of the two levels of obstruction occurs in the first two sections of the law.
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.
Call our offices now if you or a loved has been arrested for DUI or any other related offense.