Georgia Appeals Court Reverses Felony Fleeing Conviction

Watching the police chase a suspect on the news may seem exciting. But fleeing the police is in and of itself a crime under Georgia law. Indeed, once a police officer gives you a visual or audible signal to stop your vehicle, you must bring your car to a safe stop as soon as possible. If instead you keep driving, you can be charged with a felony if you start speeding, cause an accident, or commit another serious traffic violation in the process.

Officer’s Testimony Failed to Establish Key Element of the Crime

At the same time, the state still needs to prove that a defendant’s actions after being ordered to stop meet the statutory requirements of the felony fleeing statute. The Georgia Court of Appeals recently reversed a conviction precisely because the prosecution failed to meet its burden on this key point. The case, Beckett v. State, involved a domestic dispute that apparently got out of control.

The defendant was in what court records described as a “toxic relationship” with his girlfriend. One day following a fight, the defendant pursued the girlfriend through the streets of Athens, Georgia. The girlfriend called 911 while this was in progress. A patrol officer spotted both vehicles running a red light and driving erratically.

The officer then activated his lights and sirens and issued a verbal command over his loudspeaker for both drivers to stop. While neither the defendant nor his girlfriend immediately obeyed the command to stop, they did, according to the officer’s trial testimony, slow down and “started obeying traffic [rules] and staying sort of in their lanes.” A short time later, the girlfriend pulled into a parking lot and stopped. The defendant kept driving.

A week later, the police arrested the defendant following another argument with his girlfriend. The state charged the defendant with multiple crimes, including, as relevant here, “felony fleeing or attempting to elude a police officer.” The jury found the defendant guilty of this charge.

The Court of Appeals, however, agreed with the defendant that the evidence was insufficient to support this conviction. Under the version of the statute applicable to this case (these events occurred in 2020), the officer’s testimony did not establish the defendant engaged in reckless driving after he was told to stop. As noted above, the officer said just the opposite: The defendant slowed down and started to obey the traffic laws. For that reason, he did not commit the specific offense alleged in the indictment.

Contact Hawkins Spizman Trial Lawyers Today

Obviously, you should never try to elude or flee the police. But if you are charged with any crime arising from an encounter with law enforcement, you still have the right to hold the prosecution accountable for meeting its burden of proof. Our Atlanta criminal defense lawyers can help. Call Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=8187cb3f-77a2-4570-a303-7de2b4b650ba