Fleeing and Eluding in Georgia: Misdemeanor and Felony Offenses

Fleeing, Eluding & Evading Laws in Georgia

Fleeing and eluding are common add-on charges for persons stopped for DUI and moving violations. This article provides a comprehensive overview of the offenses of evading, fleeing and eluding the police. Our comprehensive guide includes legal definitions, elements required for conviction, potential defenses, and the broader consequences individuals face when accused of and convicted of fleeing and attempting to elude police in Georgia.

Compounding Potential Consequences

In the state of Georgia, maintaining public safety relies heavily on adherence to traffic laws and lawful interactions with law enforcement. A significant offense that undermines both is fleeing or attempting to elude a police officer. Georgia law addresses this conduct through statutes defining both misdemeanor and felony fleeing and eluding, each carrying distinct penalties and implications for those convicted. Charges for evading, fleeing, and eluding are almost always combined with other charges. Consequently, these charges can be aggravating factors when your case is prosecuted.

Understanding Fleeing & Eluding Laws

The primary statute governing fleeing and attempting to elude in Georgia is found in the Official Code of Georgia Annotated O.C.G.A. § 40-6-395. This law establishes the foundation for both misdemeanor and felony charges, differentiated by the circumstances surrounding the alleged offense.

Misdemeanor Fleeing and Eluding

The basic form of fleeing and eluding, generally classified as a misdemeanor, occurs when a driver, having received a visible or audible signal from a law enforcement officer to stop their vehicle. This means willfully failing or refusing to bring the vehicle to a stop. It can mean fleeing or attempting to get away from pursuing police officers. There are several key elements that the prosecution must prove beyond a reasonable doubt for a misdemeanor conviction.

Ignoring Directions to Stop

A Clear Signal to Stop: The officer must have given a clear and perceptible signal to stop. This signal can be visual (e.g., flashing lights, hand gestures) or audible (e.g., siren). The signal must be reasonably understood as a command to stop the vehicle.

Willful Failure to Stop or Evasion: The driver must have willfully failed to stop or actively attempted to evade the officer. Willfully implies that the driver acted intentionally and with the knowledge that they were being directed to stop. Mere negligence or inadvertence is typically insufficient for a conviction.

Lawful Authority: The officer giving the signal must be a duly authorized law enforcement officer acting within their jurisdiction and in an official capacity.

Penalties for Misdemeanor Fleeing and Eluding

A conviction for misdemeanor fleeing and eluding in Georgia can result in the following penalties:

• Imprisonment: Up to 12 months in jail.
• Fines: Up to $1,000.
• Driver’s License Suspension: Possible suspension of driving privileges.
• Points on Driving Record: Accumulation of points on the driver’s record, potentially leading to further license suspension for repeated traffic offenses.
• Probation: A period of supervised release, often including conditions such as community service, regular reporting to a probation officer, and adherence to specific restrictions.

Felony Fleeing and Eluding: Escalated Consequences

The offense of fleeing and eluding can be elevated to a felony under O.C.G.A. § 40-6-395(b) if certain aggravating factors are present. These factors demonstrate a heightened disregard for public safety and a greater risk of harm caused by the driver’s actions. The prosecution must prove the elements of misdemeanor fleeing and eluding and one or more of the following aggravating factors:

Reckless Driving: The driver was simultaneously committing the offense of reckless driving (O.C.G.A. § 40-6-390). Reckless driving involves operating a vehicle in reckless disregard for the safety of persons or property. This can include excessive speeding, weaving through traffic, or other dangerous maneuvers.

Driving Under the Influence (DUI): The driver was operating the vehicle under the influence of alcohol or drugs (O.C.G.A. § 40-6-391). A DUI charge, even if not yet proven in court, can elevate the fleeing and eluding charge to a felony.

Serious Injury or Death: The fleeing or attempt to elude caused serious bodily injury or death to another person. This is the most severe aggravating factor, reflecting the devastating consequences that can result from fleeing and eluding.

Out-of-State Flight to Avoid Arrest: The driver fled the state in an attempt to avoid arrest for any offense other than a traffic violation.

Striking or Colliding with a Vehicle or Object: The driver struck or collided with another vehicle or object during the pursuit.

Exceeding the Speed Limit by 20 MPH or More: The driver was exceeding the posted speed limit by 20 miles per hour or more.

Penalties for Felony Fleeing and Eluding

A conviction for felony fleeing and eluding in Georgia carries significantly harsher penalties than a misdemeanor:

• Imprisonment: A term of imprisonment between one and five years.
• Fines: A fine of up to $5,000.
• Driver’s License Revocation: Revocation of driving privileges.
• Criminal Record: A felony conviction creates a permanent criminal record. A conviction has far-reaching consequences on employment potential, civil liberties, and other aspects of life.

Defenses to Fleeing and Eluding Charges

While fleeing and eluding charges are serious, a skilled attorney can leverage many defense strategies. Depending on the specific facts of your case, some potential defenses include:

Lack of Knowledge: The driver genuinely did not know that a law enforcement officer was signaling them to stop. This can be argued if the officer’s signal was unclear, the driver’s vision was obstructed, or the driver was unaware of the officer’s presence.

Justified Fear: The driver had a reasonable and justified fear for their safety if they stopped. This defense is rare but can be applicable in situations where the driver had reason to believe they were being targeted by someone impersonating a police officer or that stopping would place them in immediate danger.

Medical Emergency: A genuine medical emergency prevented the driver from stopping immediately. This defense requires substantial evidence to support the claim of a medical crisis.

Mistaken Identity: The driver was not the person operating the vehicle. This defense involves challenging the identification of the driver.

Unlawful Stop: The initial stop was unlawful. If police lacked reasonable suspicion or probable cause to initiate the stop the charges may be invalid.

Insufficient Evidence: The prosecution lacks sufficient evidence to prove all the elements of the offense beyond a reasonable doubt. This can involve challenging the credibility of witnesses, the accuracy of evidence, or the interpretation of events.

Hiring a Lawyer is a Must-Do

Given the potential severity of the penalties associated with fleeing and eluding charges, it is crucial for anyone accused of this offense to seek legal representation from an experienced Georgia criminal defense attorney. An attorney can:

Evaluate the Case: Thoroughly review the facts of the case, police reports, and other evidence to assess the strengths and weaknesses of the prosecution’s case.

Investigate the Circumstances: Conduct an independent investigation to gather evidence that supports the defense.

Negotiate with Prosecutors: Attempt to negotiate a plea agreement that reduces the charges or penalties.

Represent the Client in Court: Advocate for the client’s rights and present a strong defense at trial.

Advise on Collateral Consequences: Explain the potential collateral consequences of a conviction, such as driver’s license suspension or revocation, and advise on how to mitigate these consequences.

Summary & Key Takeaways

Fleeing and evading a law enforcement officer in Georgia is a serious offense with potentially severe consequences. Understanding Georgia law, what is required for conviction, and possible defense strategies is essential to beat these charges.

The Need to Hire a Lawyer

Whether the charge is a misdemeanor or a felony, hiring the right lawyer is the best way to protect your rights and achieve the best possible outcome. The complexities of Georgia law and the potential for long-term repercussions underscore the critical need to hire an experienced fleeing and eluding defense lawyer.

CREDITS & FOOTNOTES

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