According the the AJC, 74 year-old Nancy Yeakel was killed Thursday evening in a car accident in Forsyth County, Georgia. She was hit by the driver of a 2013 Jeep Patriot who allegedly failed to stop at a red light. The driver will need to hire a Forsyth County DUI Attorney as soon as possible.
If proven, the Jeep driver could be charged with 2nd Degree Vehicular Homicide, a serious misdemeanor offense. As in all serious car accidents and accidents involving fatalities, the police will most certainly request toxicology testing of the responsible driver's blood.
Ordinarily, a person can refuse testing if suspected of being DUI, but cannot legally refuse testing in cases involving serious injuries or death. To force testing, the police would have to get a warrant for a person's blood or urine.
However, in cases where a person could potentially be charged with Serious Injury by Vehicle or Vehicular Homicide, the State is allowed to take a person's blood without their consent. The ordinary implied consent process does not apply in such serious cases.
If it is found that the responsible driver was under the influence of alcohol, illegal drugs, or prescription drugs, the charges would then be upgraded to Felony Vehicular Homicide. In that event, he would be facing up to 15 years in prison.
If the case is ultimately charged as a Misdemeanor Vehicular Homicide, the case will be heard in the State Court of Forsyth County and prosecuted by the Solicitor General's Office. If the case is charged as a felony, the case will be heard in Superior Court and prosecuted by the District Attorney's office. In either situation, the driver will need to hire the Best Forsyth County DUI Lawyer.
Our office is staffed with experienced Forsyth County DUI Lawyers who are here to help 24 hours a day, 7 days a week. If you are charged with DUI in Forsyth Georgia, our Forsyth County DUI Attorneys are here to help.