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Fleeing or Attempting to Elude in Georgia

Many of our clients are caught off guard when the officer charges them with fleeing or attempting to elude.

Understanding Georgia's Fleeing or Attempting to Elude Laws

Under Georgia’s O.C.G.A. § 40-6-395, fleeing or attempting to elude law enforcement typically refers to actively attempting to evade police during a traffic stop.

The law mandates that a driver must pull over when an officer uses visual or audible signals to indicate stopping. Failure to promptly respond to such signals may lead to a charge of fleeing and eluding.

Some drivers may face charges due to misunderstanding, like not realizing they were being pulled over and getting caught off guard.

The law allows officers to use traditional emergency lights and sirens to signal drivers to stop. Drivers may be surprised to learn that they must also obey an officer’s hand signals or verbal commands, with failure to do so potentially resulting in a fleeing and eluding charge.

Additionally, for a charge to be valid, the officer must be in uniform and driving a marked police vehicle.

In such cases, the government must demonstrate that the driver knowingly failed to stop. If the driver was unaware of the need to stop, they cannot be considered to have willfully refused. For instance, if they did not see or hear the sirens instructing them to stop.

A misdemeanor charge of fleeing and eluding carries significant consequences, treated as a high and aggravated misdemeanor.

First Conviction

  • Fines between $1,000 and $5,000
  • Jail sentence 30 + days

Second Conviction in 10 years 

  • Fines between $2,500 and $5,000, 
  • Jail sentence 90 + days. 

What the Law Says

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.

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A driver is charged with felony fleeing or attempting to elude charge where:

  • It is the fourth charge with in 10 years;
  • There is driving 20 or more miles above the speed limit;
  • They hit another vehicle or person;
  • Traffic conditions at the time place the general public at risk of serious injuries;
  • They leave the state; 
  • Fail to stop when entering road from alley, driveway or building;
  • Unlawfully passes a school bus under;
  • Commit laying drags;
  • Drive recklessly; or
  • Are under the influence of drugs or alcohol

Required penalties for a felony conviction of fleeing or attempting to elude include jail time that can range from 12 months and 10 years, a fine between $5,000 and $10,000, or both. 

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Defense Attorney Erin H. Gerstenzang

Criminal Defense for Fleeing and Eluding Charges

If you’ve been charged with fleeing and eluding in Georgia, Attorney Erin Gerstenzang can explain your options, and help you determine best options moving forward.

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What it's like to work with Erin

Great Lawyer!

Erin was amazing to deal with from start to finish. She really knew what she was doing and knew her way around the courthouse and prosecutors so that we could get the best result possible. She was very professional and communicated things to me very quickly and easily. She helped me out of a somewhat major traffic violation with only a fine. I would highly recommend her to anyone.