Fleeing or Attempting to Elude in Gwinnett County
Have you or a loved one have been charged with fleeing or attempting to elude in Gwinnett County? If so, you could be facing significant consequences and should seek the representation of an experienced Gwinnett County Fleeing Attorney as soon as possible. A charge is not the same as a conviction and there are numerous defenses our team can use to mitigate the consequences you will face.
After defending Georgia drivers for over 25 years, we have defended hundreds, if not, thousands of clients charged with fleeing and attempting to elude. Our experience is that fleeing and attempting to elude is commonly charged along with DUI because people do not want to stop their vehicle if they are worried about being charged with DUI. Our team of Gwinnett County Fleeing Attorneys frequently defends clients charged with fleeing along with possession of drugs, probation violation, or driving with a suspended license. No matter what your charges are or the specifics of your case, our team is here to help. We understand what it takes to achieve a successful outcome in your case and are ready to fight for your fights and your future. Call now for a free case evaluation.
Georgia Law on Fleeing or Attempting to Elude
In Georgia, fleeing can be charged as a misdemeanor or a felony.
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.
Misdemeanor Fleeing or Attempting to Elude
You can be charged with misdemeanor fleeing or attempting to elude when a uniformed officer in a marked car tells you to stop driving and you don't stop. Note that this means you cannot be charged with fleeing from an unmarked police car.
The only other part of the statute that is important is that the accused must willfully fail to stop to be convicted. If you were not aware that you were supposed to stop, then you cannot have willfully refused to stop. For example, if you did not see or hear the sirens behind you instructing you to stop, your Fleeing or Attempting to Elude Lawyer in Gwinnett County can argue that you were were not fleeing or eluding.
Gwinnett County Penalty for Misdemeanor Fleeing or Attempting to Elude
A person found guilty of misdemeanor fleeing or attempting to elude will be guilty of a misdemeanor of a high and aggravated nature. The penalties will be a fine between $1,000 and $5,000 and a jail term between 30 days and 12 months. Jail time beyond 30 days can be probated by the judge.
A second conviction within ten years will result in a fine between $2,500 and $5,000, a jail term between 90 days and 12 months, or both. Jail terms beyond 90 days can be probated by the judge.
A person convicted for a third time within ten years will face a punishment of jail time between 180 days and 12 months, a fine between $4,000 and $5,000, or both. A jail term beyond 180 days can be probated by the judge.
For misdemeanor offenses, a plea of nolo contendere will constitute a conviction.
Felony Fleeing or Attempting to Elude in Gwinnett County
A misdemeanor charge will be elevated to a felony fleeing or attempting to elude charge 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;
- Leaves the state; or
- Commits a violation of
- Failing to stop when entering road from alley, driveway or building under O.C.G.A. § 40-6-144;
- Unlawfully passes a school bus under O.C.G.A. § 40-6-163;
- Laying drags under O.C.G.A. § 40-6-251;
- Reckless driving under O.C.G.A. § 40-6-390. or
- Driving under the influence under O.C.G.A. § 40-6-390.1
Penalty for Felony Fleeing or Attempting to Elude in Gwinnett County
A person convicted for a fourth or subsequent time within ten years will be charged with felony fleeing or eluding and face a punishment of prison time between 12 months and 10 years, a fine between $5,000 and $10,000, or both. For felony charges, the sentence may not be probated, deferred, or withheld, and the charge may not be reduced to a lesser offense, merged with any other offense, or served concurrently with any other offense.
Due to the severity of penalties you could be facing when charged with fleeing or attempting to elude in Georgia, it is vital that you contact our Gwinnett County Fleeing or Eluding Lawyers now.
Call Now for a Free Consultation
If you have been charged with fleeing or attempting to elude in Gwinnett County, your case needs immediate legal action. At The Law Offices of Richard S. Lawson, we believe you should not have to wait until Monday or the next business day to speak to a lawyer and have your questions answered. That is why our offices are available to take your call 24 hours a day, 7 days a week. We have defended over 5,000 Georgia drivers and know how to make the law work for you. Call now and see how we can help!