What Constitutes Fleeing and Eluding in Georgia?
Under O.C.G.A. § 40-6-395, it is unlawful for any driver to willfully fail or refuse to bring their vehicle to a stop, or to otherwise flee or attempt to elude a pursuing police vehicle, when given a visual or audible signal to stop. The signal can be by hand, voice, emergency lights, or siren, provided the officer is in uniform and the vehicle is appropriately marked.
What many drivers do not realize is that you do not have to be involved in a high-speed chase to be charged with this crime. Simply continuing to drive for too long before pulling over, or driving slowly to your house instead of stopping immediately, can result in an arrest for Fleeing and Attempting to Elude.
Misdemeanor vs. Felony Fleeing
Fleeing and eluding is typically a High and Aggravated Misdemeanor, punishable by:
- A fine between $1,000 and $5,000
- 30 days to 12 months in jail
However, the charge is automatically elevated to a Felony if, while fleeing, the driver:
- Drives more than 20 mph over the speed limit
- Strikes another vehicle or a pedestrian
- Flees in traffic conditions that place the public at risk
- Leaves the state
- Commits a DUI or Reckless Driving offense while fleeing
Mandatory License Suspension
A conviction for fleeing and attempting to elude—even as a misdemeanor—will result in the mandatory suspension of your Georgia driver’s license. The Department of Driver Services (DDS) strictly enforces this suspension, which can severely impact your ability to work and support your family.
How a Defense Attorney Can Help
Because fleeing and eluding carries mandatory minimum jail time and license suspension, aggressive legal defense is critical. An experienced Walker County criminal defense attorney can challenge the state’s case by questioning:
- Willfulness: Did you actually see the officer’s lights or hear the siren? Were you simply looking for a safe, well-lit place to pull over?
- Officer Identification: Was the officer in a properly marked vehicle and wearing an official uniform as required by statute?
- Plea Negotiations: An attorney can often negotiate with the prosecutor to reduce the charge to a lesser traffic offense that does not carry a mandatory license suspension or jail time.
If you have been charged with fleeing and eluding, your license and freedom are at risk. Call Gordon Hall immediately at 706-333-5686 for a free consultation.