Friday, April 9, 2004

Fleeing motorists to face felony charge

By JOHN MUNFORD
jmunford@TheCitizenNews.com

In hopes of stemming deadly high-speed police chases, the Georgia legislature has approved a bill that would make those drivers guilty of a felony, facing a fine of up to $5,000 and up to five years in prison.

The bill was approved by the Senate in March and passed the House of Representatives Wednesday.

The new legislation also allows for motorists to be charged with a felony for fleeing and attempting to elude a police officer if they:

• Operate the vehicle in excess of 30 mph over the posted speed limit.

• Strike or collide with another vehicle or a pedestrian.

• Flee in traffic conditions which place the general public at risk of receiving serious injuries.

Currently, fleeing and attempting to elude a police officer can only be a felony if the motorist is avoiding arrest for a felony charge.

The new provision, which basically voids that requirement, won’t become law until it is signed by Gov. Sonny Perdue.

State Sen. Mitch Seabaugh, who sponsored the bill and represents part of west Fayette along with most of Coweta, said he was pleased the bill passed even though it was on the last day of business for the legislature.

He said he hopes this bill will work hand in hand with last year’s requirement for police agencies to have pursuit policies on the books.

“I hope between the two of them we’ll have fewer of these incidents and put fewer people’s lives at risk,” Seabaugh said.

In July 2002, Peachtree City resident Chuck Vicha was killed when a woman fleeing a Luthersville police officer crashed into his car on Ga. Highway 54 in Peachtree City. Lorraine McCrary, 38, later pled guilty to vehicular homicide in the first degree and was sentenced to 15 years in prison.

Vicha’s mother, Alice, said the new bill wouldn’t likely have caused McCrary to think twice about running from police at high speeds, particularly for minor offenses.

“Maybe they’ll realize it’s a felony (to run from the police) and they’ll stop,” Vicha said. “Anything we can do to help make police work easier and cut down on these chases.” 

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