Georgia State Patrol Pursuit Policy: PIT Maneuver and Fleeing Penalties

The Georgia State Patrol pursuit policy, formally Department of Public Safety Policy 17.02, requires every trooper to continuously weigh the need to catch a fleeing suspect against the danger the chase creates for everyone else on the road. That judgment runs from the first second of a pursuit until it ends, and Georgia law holds troopers liable only when they cross into “reckless disregard for proper law enforcement procedures.”¹

When a Trooper Can Start a Pursuit

Policy 17.02 does not list offenses that automatically justify a chase. It requires the trooper to decide whether continuing is “objectively reasonable” given the totality of the circumstances, weighing the seriousness of the offense, the danger to the public if the suspect escapes, and the likelihood of arresting the suspect later through other means.²

A violent felony or a hit-and-run with serious injury supplies stronger justification than a minor traffic violation. An expired tag, standing alone, rarely does. The calculus can shift fast: a driver who refuses to stop for a small infraction and then begins driving recklessly through a populated area has changed the equation.

The legal foundation sits in O.C.G.A. § 40-6-6, which lets a law enforcement driver exceed speed limits, proceed through red lights, and disregard certain traffic rules while pursuing a suspected violator. The same statute keeps the trooper’s duty to drive with due regard for the safety of everyone on the road.¹

When a Trooper Must Break Off

A trooper must end a pursuit the moment the risk of continuing outweighs the danger of letting the suspect get away. Policy 17.02 identifies several situations where discontinuing is expected:²

The suspect has been positively identified and there is no need for immediate apprehension.
The trooper no longer definitely knows where the pursued vehicle is.
A siren, emergency light, or radio has failed.
Heavy traffic, poor road conditions, dense fog, or ice tip the risk toward termination.
A trooper on a patrol motorcycle cannot get help from a marked patrol car.

The termination decision belongs to the trooper actually running the pursuit, not a remote supervisor. Supervisors still control certain escalations: no more than three patrol cars may join a pursuit without supervisor approval, and stationary roadblocks need permission from a noncommissioned or commissioned officer.² Once a pursuit ends, the trooper must deactivate emergency equipment and reduce speed so no one mistakes the situation for a continuing chase.

Lights, Siren, and Radio Are Not Optional

Georgia law conditions a trooper’s pursuit privileges on continuous use of an audible siren and a flashing or revolving blue light visible from at least 500 feet to the front of the vehicle.¹ Without those signals running, the trooper loses the legal exceptions that permit speeding and running red lights. A siren that drops out mid-chase is not just a safety problem; it removes the legal basis for the pursuit itself.

At the same time, the trooper has to notify a DPS Communications Center and relay, when possible, the location and direction of travel, a description of the pursued vehicle, the number and description of occupants, any firearms or hazards observed, the danger to public safety, available options for ending the pursuit, and any need for backup.² Dispatchers log those transmissions in real time, and that log is the primary record reviewers use later to judge whether the trooper’s decisions were reasonable.

How Troopers Can Force a Stop

When a driver will not pull over, troopers have two approved physical options: the Precision Intervention Technique and tire deflation devices.

The PIT Maneuver

The PIT uses the patrol car to apply controlled pressure to the rear quarter panel of the fleeing vehicle, causing it to spin and lose momentum. Policy 17.02 requires the trooper to evaluate several factors first, including the type of vehicle being pursued, because pickup trucks, vans, and small cars each react differently.² The PIT is flatly prohibited against motorcycles and ATVs. Every application is treated as a use of force and reviewed under the same scrutiny the department applies to other force incidents.

Tire Deflation Devices

Spike strips deploy across the roadway to puncture a fleeing vehicle’s tires, causing a gradual loss of air that eventually forces the driver to stop. Policy 17.02 limits troopers to department-approved devices and requires them to follow the training they received for deployment.² Because they work at a distance and avoid vehicle-to-vehicle contact, spike strips are considered less aggressive than a PIT, though they still carry risk in heavy traffic or near bystanders.

What You Have to Do When a Pursuit Comes Through

If you hear a siren or see flashing blue lights approaching from behind, Georgia law requires you to pull over immediately. Under O.C.G.A. § 40-6-74, you must yield the right of way, drive to the right-hand edge of the road, clear of any intersection, and stop until the emergency vehicle has passed.³ Freezing in your lane or trying to outrun the situation puts everyone at greater risk.

Georgia’s Spencer Pass Law, O.C.G.A. § 40-6-16, covers the related situation of a stationary emergency vehicle with lights flashing. You must move over one lane when safe. If changing lanes is not safe, you must slow below the posted speed limit and be prepared to stop. A violation carries a fine of up to $500.⁴

Criminal Penalties for Fleeing or Eluding

Drivers who refuse to stop when signaled by a uniformed officer in a marked vehicle face escalating penalties under O.C.G.A. § 40-6-395, measured within a rolling ten-year window:⁵

First offense: high and aggravated misdemeanor, mandatory fine of $1,000 to $5,000, and 30 days to 12 months in jail. Jail time beyond 30 days may be suspended.
Second offense within 10 years: high and aggravated misdemeanor, mandatory fine of $2,500 to $5,000, and 90 days to 12 months in jail. Jail time beyond 90 days may be suspended.
Third offense within 10 years: high and aggravated misdemeanor, mandatory fine of $4,000 to $5,000, and 180 days to 12 months in jail. Jail time beyond 180 days may be suspended.
Fourth or subsequent offense within 10 years: felony, mandatory fine of $5,000 to $10,000, and one to five years in prison.

The mandatory minimum fines at every level cannot be waived, probated, or suspended. Eluding is treated as a standalone crime, so a fleeing driver faces these penalties on top of any charges for whatever conduct prompted the stop in the first place.

Suing Over a Pursuit-Related Injury

Georgia protects troopers heavily during pursuits but does not grant blanket immunity. Under O.C.G.A. § 40-6-6(d)(2), when a fleeing suspect causes property damage, injury, or death during a pursuit, the officer’s decision to chase is not treated as the cause of that harm unless the officer acted with reckless disregard for proper law enforcement procedures in starting or continuing the pursuit.¹ Even where reckless disregard is proven, the injured party still has to prove causation separately.

Claims against the state itself fall under the Georgia Tort Claims Act, which caps recovery at $1 million per person and $3 million per occurrence.⁶ Claims against local government entities follow separate procedures under Chapter 92 of Title 36.

Federal constitutional claims rarely help a plaintiff here. In Scott v. Harris, the U.S. Supreme Court held that a police officer’s use of force to end a dangerous high-speed chase does not violate the Fourth Amendment, even where it risks serious injury to the fleeing driver, so long as the officer’s actions were reasonable under the circumstances.⁷ For injured bystanders and others hurt in the chaos of a pursuit, state tort claims under the reckless disregard standard are generally the more viable route.

Review and Discipline After a Pursuit

Every pursuit that includes an attempted termination requires a completed incident report, and a supervisor has to approve it.²⁸ Reviewers look at whether the trooper’s decisions matched Policy 17.02, whether the pursuit was necessary, and whether any intervention or termination was appropriate. A pursuit found outside policy can lead to discipline or mandatory retraining.

1
Justia Law. Georgia Code 40-6-6 – Authorized Emergency Vehicles
2
Georgia Department of Public Safety. Georgia Department of Public Safety Policy 17.02 – Pursuits
3
Justia Law. Georgia Code 40-6-74 – Operation of Vehicles on Approach of Authorized Emergency Vehicles
4
Justia Law. Georgia Code 40-6-16 – Procedure for Passing Certain Stationary Vehicles
5
Justia Law. Georgia Code 40-6-395 – Fleeing or Attempting to Elude a Police Officer
6
Justia Law. Georgia Code 50-21-29 – Trial of Actions
7
Justia US Supreme Court. Scott v Harris, 550 US 372 (2007)
8
Georgia Department of Public Safety. Georgia Department of Public Safety Statement