When an ambulance ride turns into Vehicular homicide & DUI
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
According to FOX 5 news on November 12, 2021 an ambulance driver, Kevin McCorvey, working for Prime Care EMS overturned at West Cambellton and Golightly Street in Fulton County, Georgia. Georgia State Patrol officers (DUI Nighthawk) arrived on scene and found the ambulance overturned and a patient in the back who was deceased.
According to Fox 5 and GSP Nighthawk the driver was heading west on Campbellton Street and hit the shoulder causing the ambulance to overturn. An officer with Fairburn police department stopped the driver of the ambulance from leaving the scene in an uber prior to the Georgia State Patrol Troopers arrival.
Vehicular homicide & DUI: The actions and choices that night caused
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 ambulance driver Mr. McCorvey was driving and lost control of his vehicle could be charged at a minimum with Failure to Maintain Lane (O.C.G.A. § 40-6-48) 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 statute 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 Driving Under the Influence, DUI, (O.C.G.A. § 40-6-391) and its investigation into the mix. This means that there will be enhancements to ANY sentencing guidelines if Mr. McCorvey is found guilty of DUI.
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 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, and GSP Nighthawks and the cops are cracking down on impaired driving.
Call our DUI attorneys
If you have been accused by the police of driving under the influence then you need help from a trained DUI attorneys in Atlanta. 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 a evaluation of all the information in order to properly mount a defense and a effective negotiation with the prosecutor’s office.
Remember that our firm is here to help you if you find yourself in trouble with vehicular homicide & DUI.
Every case is different because no two sets of facts are the same. Proper application of not just the law but also case law to your situation would take examination of the facts surrounding your case and creating a properly mounted defense for YOUR arrest.
Our office has 24 hour response lines and can answer your questions and help you. Give our team of lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.
FOX 5- https://www.fox5atlanta.com/news/ambulance-driver-dui-crash-patient-death-court-appearance
