An APD Officer was almost struck by a vehicle in an unidentified driver's attempt to flee the scene of a traffic stop last week.

The suspect has not been apprehended yet and is possibly suffering from a gunshot wound. The officer shot at the vehicle after the driver sped off almost hitting him while leaving the scene.

There are many different types of actions that constitute resisting arrest or hindering law enforcement. These actions are all encompassed by the criminal offense of obstruction. As an Atlanta DUI Lawyer, I will outline the offense of obstruction in today's post.

Obstruction in Atlanta

Obstruction can be classified as either a felony or a misdemeanor according to Georgia Law. The severity of the offense is dependent on the circumstances of the offense.

Obstruction in Atlantais defined by Georgia Law in §16-10-24 of the Georgia Code. The breakdown of the two levels of obstruction occurs in the first two sections of the law.

Misdemeanor obstruction is defined in O.C.G.A. §16-10-24(a) as:

When a person knowingly or willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties.

The penalty for a misdemeanor conviction in Georgia is a fine up to $1,000, jail time up to one year, or both. It can also come with community service, anger management classes, or any other punishments allowed under the misdemeanor sentencing laws of Georgia.

Felony obstruction is defined in O.C.G.A. §16-10-24(b) as:

When a person knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, community supervision officer, probation officer, or conservation officer in the lawful discharge of his or her official duties by offering or doing violence to the person.

The penalty for a felony obstruction conviction is a prison term between one and five years. In addition to any prison term imposed, the accused will pay a fine of at least $300. On top of fines and prison time, a felony obstruction conviction could include community service and anger management classes.

Practice Note

If you or a loved one has been arrested for DUI in Atlanta, contact our offices now.