Fleeing and Eluding in Georgia: What You Need to Know
Fleeing or attempting to elude police in Georgia is a serious criminal offense with consequences that can drastically alter your future. Whether it was a moment of panic or a misunderstanding, being charged under Georgia's fleeing and eluding laws requires swift and strategic legal action.
What Is Fleeing and Eluding?
Under Georgia law (O.C.G.A. 40-6-395), fleeing or attempting to elude a police officer occurs when a driver willfully fails or refuses to stop after being given a clear signal by law enforcement. This includes:
- Speeding away from a traffic stop
- Ignoring visual or audible signals (like lights and sirens)
- Attempting to lose police by evasive maneuvers
These actions can result in either a misdemeanor or a felony, depending on the circumstances of the incident.
Misdemeanor Fleeing and Eluding: First Offense
A first-time offense is typically charged as a misdemeanor, but penalties are far from minor:
- Fines ranging from $500 to $5,000
- 10 days to 12 months in jail
- Potential license suspension
Additional charges (e.g., reckless driving, DUI) may accompany the fleeing charge, increasing the severity.
Felony Fleeing and Eluding in Georgia
The charge escalates to a felony when the fleeing involves any of the following:
- Speeds exceeding the legal limit significantly
- Running red lights or stop signs
- Causing an accident or injury
- Driving under the influence during the chase
Felony penalties include:
- Fines up to $5,000
- 1 to 5 years imprisonment
- Long-term license suspension
A felony conviction can have lifelong implications—affecting your ability to vote, get a job, or obtain housing or financial aid.
Why Do People Flee?
Fleeing is often a split-second decision driven by fear. Some common triggers include:
- Driving with a suspended license
- Outstanding warrants
- Possession of illegal substances
- DUI or impaired driving
- Panic or confusion
Regardless of the reason, Georgia law treats the act as a willful violation. Intent matters in building a defense, but it does not excuse the act.
Building a Legal Defense
Defending against fleeing and eluding charges requires a deep understanding of the facts, including:
- Whether the officer gave a clear signal to stop
- Road and weather conditions at the time
- Your physical and mental state
- Whether the stop was lawful
An experienced traffic attorney can investigate if there was a valid reason for your actions—such as a misunderstanding, fear for personal safety, or miscommunication.
Long-Term Impact of a Conviction
Even a misdemeanor conviction can:
- Increase your auto insurance
- Impact your employment—especially if you drive for work
- Appear on background checks for years
A felony conviction carries additional restrictions and the potential loss of civil rights.
Take Immediate Action
If you’ve been charged with fleeing or eluding law enforcement, do not delay. Contact an experienced traffic and criminal defense lawyer right away to begin reviewing the evidence and building your case.
Contact Walt Moffitt Law Today
We serve drivers facing serious traffic charges in Walker, Catoosa, Dade, Chattooga, and Whitfield Counties. Call (706) 841-7222 or fill out our online contact form to schedule a free consultation. Let us help you navigate this serious charge with knowledge and confidence.
