Vehicular Homicide…More Than Just a Traffic Charge
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
According to FOX 5, WSB and the AJC newspaper on August 9, 2023 an officer on I-675 found a driver parked in the median on interstate 675 asleep at the wheel. When the officer attempted to rouse the driver, the driver awoke and immediately accelerated back onto the highway going the wrong direction. That driver then struck three other vehicles, one of which resulted in the death of another driver.
The Clayton County police reported this accident and the investigation is still ongoing; however the officers noted that they believe impairment of that driver was involved in this accident. Something else that the driver would face is referred to as serious injury by vehicle for the other drivers and passengers that survived the incident and a charge of vehicular homicide for the individual who dies as a result of the accident.
Vehicular Homicide
Vehicular Homicide falls under O.C.G.A. § 40-6-393 and entails “any person who without malice aforethought causes the death of another person through the violation of 40-6-163, 40-6-390 or 40-6-391 or 40-6-395 commits the offense of homicide by vehicle and shall be guilty of a felony which is punishable by no less than 3 years and no more than 15 years in prison.”
Basically the driver who was driving the wrong way could be charged at a minimum with wrong way on a one way (O.C.G.A. § 40-6-47 (B)), but will most likely be charged with Reckless Driving (O.C.G.A. 40-6-390).
Being charged with that means that the driver will also be charged with Vehicular Homicide because of the way that the statue reads above. Couple with these charges that the police are believing he was impaired (or intoxicated) now you have to add all the complications of DUI (O.C.G.A. § 40-6-391) and its investigation into the mix. This means that there will be enhancements to the sentencing guidelines if that driver should be found guilty of the DUI.
DUI and related charges in Georgia
It doesn’t matter where you find yourself in Georgia almost all of the police force are ramping up their investigations of DUI. Many traffic investigation “tools” allow the police to stop a vehicle for any “legal” reason and their investigation can lead to to a DUI if they suspect the driver has been drinking or using drugs.
In addition, as a result of the Governor’s office of Highway Safety teaming up with various organizations, including the HEAT and TEAM division of local counties, the cops are cracking down on impaired driving since the pandemic.
If you have been accused by the police of driving under the influence then you need help from a trained DUI attorney. Should YOU find that you either don’t want to face the court alone or simply feel that you need help from an attorney then give our office a call regarding your citations.
There are facts to every case where defenses can be raised for anyone charged with driving under the influence. Each situation is different from the other and requires an evaluation of all the information in order to properly mount a defense and an effective negotiation with the prosecutor’s office.
Remember that every DUI case is different because no two sets of facts are the same. Application of both DUI case law and statutory DUI law to your situation would take examination of the facts surrounding your case and applying this knowledge properly to create a well mounted defense for YOUR DUI arrest.
Our office has 24-hour response lines and can answer your questions.
Resources:
FOX 5- https://www.fox5atlanta.com/news/crash-i675-ellenwood-road-clayton-county-closure
