O.C.G.A 40-6-395
Fleeing or Attempting to Elude Police Officer.
(a) 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.
(b)(1) Any person violating the provisions of subsection (a) of
this Code section shall be guilty of a high and aggravated
misdemeanor and:
(A) Upon conviction shall be fined not less than $500.00 nor
more than $5,000.00, which fine shall not be subject to
suspension, stay, or probation and imprisoned for not less than
ten days nor more than 12 months. Any period of such
imprisonment in excess of ten days may, in the sole discretion
of the judge, be suspended, stayed, or probated;
(B) Upon the second conviction within a ten-year period of time,
as measured from the dates of previous arrests for which
convictions were obtained to the date of the current arrest for
which a conviction is obtained, shall be fined not less than
$1,000.00 nor more than $5,000.00, which fine shall not be
subject to suspension, stay, or probation and imprisoned for not
less than 30 days nor more than 12 months. Any period of such
imprisonment in excess of 30 days may, in the sole discretion of
the judge, be suspended, stayed, or probated; and for purposes
of this paragraph, previous pleas of nolo contendere accepted
within such ten-year period shall constitute convictions; and
(C) Upon the third or subsequent conviction within a ten-year
period of time, as measured from the dates of previous arrests
for which convictions were obtained to the date of the current
arrest for which a conviction is obtained, shall be fined not
less than $2,500.00 nor more than $5,000.00, which fine shall
not be subject to suspension, stay, or probation and imprisoned
for not less than 90 days nor more than 12 months. Any period
of such imprisonment in excess of 90 days may, in the sole
discretion of the judge, be suspended, stayed, or probated; and
for purposes of this paragraph, previous pleas of nolo
contendere accepted within such ten-year period shall constitute
convictions.
(2) For the purpose of imposing a sentence under this subsection,
a plea of nolo contendere shall constitute a conviction.
(3) If the payment of the fine required under paragraph (1) of
this subsection will impose an economic hardship on the defendant,
the judge, at his or her sole discretion, may order the defendant
to pay such fine in installments and such order may be enforced
through a contempt proceeding or a revocation of any probation
otherwise authorized by this subsection.
(4) Notwithstanding the limits set forth in any municipal charter,
any municipal court of any municipality shall be authorized to
impose the punishments provided for in this subsection upon a
conviction of violating this subsection or upon conviction of
violating any ordinance adopting the provisions of this
subsection.
(5)(A) Any person violating the provisions of subsection (a) of
this Code section who, while fleeing or attempting to elude a
pursuing police vehicle or police officer in an attempt to
escape arrest for a felony offense other than a violation of
this chapter, operates his or her vehicle in excess of 30 miles
an hour above the posted speed limit, strikes or collides with
another vehicle or a pedestrian, flees in traffic conditions
which place the general public at risk of receiving serious
injuries, or leaves the state shall be guilty of a felony
punishable by a fine of $5,000.00 and imprisonment for not less
than one year nor more than five years.
(B) Following adjudication of guilt or imposition of sentence
for a violation of subparagraph (A) of this paragraph, the
sentence shall not be suspended, probated, deferred, or
withheld, and the charge shall not be reduced to a lesser
offense, merged with any other offense, or served concurrently
with any other offense.
(c) It shall be unlawful for a person:
(1) To impersonate a sheriff, deputy sheriff, state trooper, agent
of the Georgia Bureau of Investigation, agent of the Federal
Bureau of Investigation, police officer, or any other authorized
law enforcement officer by using a motor vehicle or motorcycle
designed, equipped, or marked so as to resemble a motor vehicle or
motorcycle belonging to any federal, state, or local law
enforcement agency; or
(2) Otherwise to impersonate any such law enforcement officer in
order to direct, stop, or otherwise control traffic.