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Discussion in 'In the News' started by VolGrad, Oct 4, 2007.
What are the sheep thinking?
Sure I'll keep driving to a well-lit area. I just won't do it in Centerville, GA:
http://www.insideedition.com/ourstories ... toryid=182
Unless your OJ....
That is up.
I read that story about Ms. Golden a while back when her case was still ongoing. I thought she would end up beating the charges. Guess I was wrong.
From what I could tell from the earlier articles, and this one as well, it seems as if she did exactly what the police tell you to do if you have some concern about it being a legitimate stop, but was punished for doing so. While I haven't seen the police video, this appears to be a travesty of justice.
Wow, so what is a citizen supposed to do if they are not sure? If you find a safe place to pull over, you get arrested, if you pull over you get robbed by a fake cop.
a call to 911 as everything is happening cant hurt. The times I have been pulled over usually took the officer an average of 5 minutes to approach the vehicle. I guess he ran my tags and waited to make sure nothing came back. That 5 minutes could help. However in this case she didnt seem to have that time.
I'd say she's an idiot for doing all of that.
jgullock, I am glad that she is safe. If I were in that situation, I have no idea what I'd do. My car doesn't accelerate fast enough to try to escape and there's no way I'd try to draw on the trigger-happy cop (why else would he have his gun out? Even if he was a rookie, his nervousness is just as dangerous). Though, there was a similar situation I saw in a FATS run through, with the driver reaching into the glove compartment and pulling a gun, then chambering a round (clearly only morons carry C3 ), then shooting at the officers. Most officers took a really long time to respond, so long that that if the guy had been carrying C1, they would've gotten shot. But that's not a chance I'm willing to take.
What the "Ultimate Driving Machine" of yours doesn't have enough zip for you?
I think something a little bit bigger than a 1.8L engine is needed
Poor lady...WTF is wrong with that county.....
Rubbish. My little 1.8L krautwagen could give a Crown Vic a good run for its money, and I know I could kill 'em in the turns...
Who said anything about outrunning a Crown Vic. I'm worried about outrunning bullets!
I could start a list, but none of us have the time or bandwidth to handle it.
THis is not just advice on a news story. In Georgia, it is a state statute.
After reading that story from Centerville, GA, there has to be more to that story. First of all, I would like to think that my fellow officers would not arrest a seventy year old grandmother for not stopping immediately. Second, for that matter, I would hope that they would give the benefit of the doubt to anyone who said they were afraid to stop immediately if they slowed down and pulled to a lit area.
Also, the fact that she appealed the conviction all the way through the legal system and was DENIED everytime says her story sounds a little fishy. If she is being completely honest, surely a judge somewhere would have intervened.
This is exactly what I was thinking too. Wonder what grandma was up to?
Well, one appeal, anyway, to the Georgia Court of Appeals.
Apparently, this statute did not exist yet. It may have been introduced in response to this lady's conviction for fleeing and attempting to elude, which was upheld by the Court of Appeals.
Here is the meat of the opinion. Golden v. State, 276 Ga.App. 538, 623 S.E.2d 727 (2005).
The evidence shows that, after a uniformed police officer in a marked police vehicle gave Golden visual and audio signals to stop in compliance with OCGA Â§ 40-6-395(a), she failed or refused to stop for a substantial distance despite acknowledging she was aware of the signals, and that she did not stop until she was forced to do so by a second officer using a rolling roadblock maneuver. After considering Golden's explanation for her failure or refusal to stop, the jury nevertheless concluded that she acted wilfully in violation of OCGA Â§ 40-6-395(a). We find the evidence was sufficient for a rational trier of fact to find that all the elements of the statute were proved beyond a reasonable doubt, and that Golden was guilty of wilfully failing or refusing to stop her car in violation of OCGA Â§ 40-6-395(a).
Under OCGA Â§ 16-10-24(a), â€œa person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.â€ Unlike the felony obstruction provisions of OCGA Â§ 16-10-24(b), which require proof that the obstruction was accomplished â€œby offering or doing violence to the personâ€ of the law enforcement officer, the misdemeanor obstruction provisions of OCGA Â§ 16-10-24(a) do not require proof of violence, the threat of violence, or the use or threat of force. It follows that verbal exchanges which convey no threat of force or violence, but which otherwise obstruct or hinder a law enforcement officer in the lawful discharge of his official duties, can authorize a conviction for misdemeanor obstruction under OCGA Â§ 16-10-24(a). â€œArgument, flight, stubborn obstinance, and lying are all examples of conduct that may satisfy the obstruction [or hindrance] elementâ€ of OCGA Â§ 16-10-24(a). Pinchon v. State, 237 Ga.App. 675, 676, 516 S.E.2d 537 (1999).
The evidence shows that Golden was lawfully stopped by the officers using a rolling roadblock after she failed or refused to stop when she was signaled to stop by the pursuing officer. The officers were acting in the lawful discharge of their official duties when they forcibly stopped Golden at 1:30 a.m. and approached her car with weapons drawn for their own safety. Golden was aware that she had been stopped by uniformed police officers, yet she ignored repeated commands by Officer Phillips to open the car door, to exit the car, and to give the officer her driver's license and proof of insurance. Instead, she remained seated in the car, rolled down her window, complained to the officers that she was being harassed, and called 911 to complain about the officers. Whether under these circumstances Golden's refusal to comply with Officer Phillips's repeated commands hindered or obstructed the officer in the lawful discharge of his official duties was for the trier of fact to decide. We find the evidence was sufficient for a rational trier of fact to find that Golden was guilty beyond a reasonable doubt of misdemeanor obstruction in violation of OCGA Â§ 16-10-24(a).