Reports out of Atlanta show that a woman has been arrested after allegedly ramming her car into a police cruiser on I-285 during a routine traffic stop.

This incident obviously ended in the woman being detained on many different charges. However, there is one area of the law that I would like to focus on in today's post. As an Atlanta DUI Lawyer, I will focus on the law behind resisting arrest or also known as obstruction of a police officer.

Obstruction of a Police Officer in Atlanta

The offense of obstruction can be classified as either a misdemeanor or a felony. The difference between the level of misdemeanor and felony obstruction is whether or not violence is threatened to the officer.

Obstruction of a police officer in Georgia is 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

Obstruction can be a charge tacked onto a list of charges if an officer doesn't like the way a person is behaving during their investigation or during their arrest. Obstruction can also be a charge where a person has legitimately threatened a law enforcement official. Either can apply. And either way, if a person has been arrested for obstruction, then he or she will need representation.

If you have been arrested within the City of Atlanta, contact our offices today. An Atlanta DUI Attorney can help you with your case now.