Is Fleeing and Eluding Police with Vehicle A Traffic Offense in Atlanta?

Fleeing or attempting to elude is an offense that can be prosecuted as a felony or a misdemeanor traffic offense in Georgia. People may flee for different reasons without real intent to breach the law. But those who flee frequently face accusations.

Elements of the Offense

Georgia law surrounding fleeing or attempting to elude is codified at O.C.G.A. 40-6-395. In your case, the Georgia prosecutor must establish each element of the crime beyond a reasonable doubt. The prosecutor must show that you purposefully disobeyed a police officer’s visual or aural signal, refused to stop, or fled the scene.

Felony Fleeing or Attempting to Elude

A misdemeanor fleeing or attempting to elude charge will become a felony if the driver drives more than 20 miles per hour faster than the indicated speed limit, hits or collides with a pedestrian or another vehicle, etc.

A person will be charged with felony fleeing or eluding and subject to a sentence of between 12 months and 10 years in prison, a fine between $5,000 and $10,000, or both, if they are convicted for the fourth or subsequent time within ten years. The punishment cannot be probated, postponed, or withdrawn for felony offenses. The charge cannot be downgraded to a lesser one, combined with another offense, or served concurrently with another.

Misdemeanor Fleeing or Attempting to Elude

You could be charged if a uniformed officer in a marked car orders you to stop driving. Hence, you cannot be accused of eluding an unmarked police vehicle. Another part of the law is that the defendant must have purposefully failed to stop to be found guilty.

Anyone guilty of misdemeanor escaping or attempting to elude is also guilty of a high-level, aggravated misdemeanor in Georgia. The defendant faces a fine of $1,000 to $5,000 and a prison sentence of 30 days to 12 months. A judge may probate any jail sentence that is longer than 30 days.

In conclusion, you can protect your constitutional rights and put up a solid defense if you have a skilled Atlanta DUI lawyer on your side to argue your case. Never presume your guilt simply because you have been accused of a crime.