Alleged DUI Driver Killed in Wreck in Cedartown

Polk County Courthouse

Cedartown, Ga. - Investigators believe that a woman was driving under the influence of alcohol when she ran a stop sign in Cedartown.

The woman hit an SUV with her vehicle. The collision resulted in both her vehicle and the SUV leaving the roadway and ending up in a ditch. The officers with the Georgia State Patrol stated that she was ejected from her vehicle when it overturned and that they discovered her dead at the scene.

There were two women in the SUV who were both seriously injured as a result of the collision. Both of them were rushed to a nearby medical center.

As a Georgia DUI Lawyer, I will provide a closer look at the offense of serious injury by vehicle in today's post.

Serious Injury by Vehicle in Georgia

O.C.G.A. §40-6-394 defines serious injury by vehicle in Georgia as:

Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 40-6-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years.

This law does not define what constitutes a serious injury, so in these situations, we have to look to other sources within the Georgia Code. Other Georgia laws define it as a “fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness.”  To be considered serious, the injury does not need to be permanent. Instead, a serious, temporary injury is sufficient and only needs to impair or injure a person's appearance. 

In the past, injuries such as loss of vision in one eye, blurry vision, a two-inch scar on the forehead, broken ribs, and severe bruising have qualified as “serious.”  Whether an injury is serious is a question of fact to be determined by the jury.

Serious injury by vehicle is classified as a felony offense. The penalty if convicted of serious injury by vehicle can include high fines and up to fifteen years in prison.

Practice Note

Any incident involving the injury or death of another human being is terrible. However, just because there was an injury or a death does not mean that the other driver is at fault or criminally liable. If you have been arrested in relation to a DUI in Georgia or in relation to a serious accident, call our offices now. We can help you today.