Have you Been Charged with Fleeing or Attempting to Elude in Georgia?
Fleeing or attempting to elude is classified as a serious traffic offense in Georgia. People may be fearful of being charged with a crime, so they try to run from a police officer. However, this puts them in more trouble with the law than if they had just submitted to the officer. If you were charged with fleeing or attempting to elude in Georgia by itself or in conjunction with another crime, contact our Georgia Criminal Defense Lawyers today.
What is Fleeing or Attempting to Elude in Georgia?
According to O.C.G.A. §40-6-395, 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.
In sum, the driver must pull over if an officer uses a visual or audible signal to bring the vehicle to a stop. The officer can use his hand, voice, emergency light, or siren to signal the driver.
One thing to note is that the officer must be in uniform and the car must be appropriately marked.
The Penalty for Fleeing or Attempting to Elude in Georgia
A person found guilty of fleeing or attempting to elude in Georgia will be guilty of a misdemeanor of a high and aggravated nature. The accused will have a fine between $500 and $5,000 and a jail term between ten days and twelve months.
A second conviction within ten years will result in a fine between $1,000 and $5,000, a jail term between 30 days and twelve months, or both.
A person convicted for a third or subsequent time within ten years will face a punishment of jail time between 19 days and twelve months, a fine between $2,500 and $5,000, or both.
However, the penalty will be elevated if the driver while fleeing from the officer:
- Operates his or her vehicle in excess of 20 miles an hour above the posted speed limit;
- Strikes or collides with another vehicle or a pedestrian;
- Flees in traffic conditions which place the general public at risk of receiving serious injuries;
- Commits a violation of paragraph (5) of subsection (a) of Code Section 40-6-391; or
- Leaves the State.
If a person tries to avoid arrest and commits one of the previous actions, then they will be charged with a felony facing a prison term between one and five years, a fine up to $5,000, or both. Additionally, having a felony on your record can make it difficult to obtain housing, credit, or employment.
Fleeing or Attempting to Elude is Often Associated with Other Charges
Many of our clients charged with fleeing are accused of additional offenses. DUI is commonly associated with attempting to elude because people refuse to stop their vehicle because they are worried about being charged with a DUI. Other common charges include driving on a suspended license, drug possession, or a warrant has already been issued for their arrest.
Georgia Defenses to Fleeing or Attempting to Elude
Despite the seriousness of the charge, multiple Georgia criminal defenses can apply to your case. We have seen people who had a justified reason as to why they did not stop the vehicle. In other situations, the driver did not see the officer signaling them over. Additionally, other factors may have been at play that hindered the driver from stopping.
No matter your situation, our Georgia Fleeing or Attempting to Elude Attorneys can help. We will craft the best possible defense for your case! Any misdemeanor or criminal case requires the expertise of our traffic ticket attorneys in Georgia. We have over 50 combined years of experience fighting traffic tickets and related offenses. We understand the hardships a conviction will produce in your life.
If you have been charged with fleeing or attempting to elude in Georgia, contact us now for immediate legal attention. Your problems should not have to wait until Monday or the next business day. That is why our offices are available to take your call 24 hours a day, 7 days a week. We have people ready to answer your questions on nights, weekends, and holidays. Call now for a free case evaluation.