A police officer in Georgia was pinned in the door of a car and dragged while a DUI suspect attempted to drive away. The incident was captured on dashcam video.
The police officer pulled over Dennis Aguirre, age 24, after observing him driving recklessly on the evening of Friday, April 5, 2019. While the police officer was speaking with Aguirre, the officer observed that Aguirre's responses and behavior indicated that he may have been intoxicated while behind the wheel, and may even have had illegal drugs in the car.
The officer required Aguirre to get out of his car, and placed his hands behind his back. At this point, the struggle began. Dashcam video shows Aguirre fight his way loose, and get back in the car, with the officer attempting to pull him out of the car. Aguirre then drives forward, dragging the officer several feet before he was able to turn off the car.
After the officer managed to pull Aguirre from the vehicle, the fight continued, and Aguirre also attempted to flee the scene. Eventually, the police officer was able to tackle him to the ground, at which time backup arrived and Aguirre was taken into custody. Both suffered minor scratches and cuts but were otherwise unharmed.
Aguirre now faces several serious charges:
- Aggravated assault on a law enforcement officer;
- trafficking illegal narcotics,
- possession of illegal narcotics with intent to distribute,
- driving under the influence (DUI); and
- reckless driving.
If you or someone you care about faces DUI charges or those related to an alleged DUI, an experienced Cobb County DUI attorney can defend your case and protect your constitutional rights.
Aggravated Assault as Part of a DUI
Georgia's aggravated assault law can be found n OCGA 16-5-21. It states:
Georgia Code, Title 16, chapter 5, Article 2 ( OGCA-16-5-2). Aggravated Assault
(a) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or
(3) With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
(4) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
The penalties for a typical aggravated assault are severe, and even more so when it is against a police officer. A car or other vehicle can be considered a deadly weapon or other object which could result in serious bodily injury.
This means that an intoxicated individual who attempts to drive off, as Aguirre did in this story, could face extremely serious charges.
The basis sentence for aggravated assault is:
- 1-20 years in prison; and
- a fine of up to $100,000.
When the aggravated assault is against a police officer, the penalties are increased:
- 5-20 years in prison; and
- a fine of up to $100,000.
Consult an Experienced Cobb County DUI Attorney
A charge of aggravated assault against a police officer may be a part of your DUI charges, but with the help of an experienced Cobb County DUI attorney, you can defend your case and protect your rights. Contact us today for a free consultation.