DUI And Vehicular Homicide Charges For Man Accused of Bartow County Wreck That Killed Two

Posted by Richard Lawson | Nov 07, 2014 | 0 Comments

A man from Manchester, Tennessee has a slew of charges against him for a crash that happened last Thursday night on Interstate 75; near the Adairsville exit in Bartow County, Georgia.

Fifty-year-old Charles Larry Porter has been charged with two counts of first-degree vehicular homicide, possession of marijuana, open container, DUI and other related offenses.

Porter's auto hit another car while traveling south on Interstate 75 around 8:30 pm.  When the two vehicles collided, the second car traveled down an embankment and into a line of trees.  Both occupants of that vehicle, Russ and Karen Musgrove, ages 52 and 50 respectively, perished in the crash.

Mr. Porter was taken to the Bartow County Jail for processing.  The magistrate does not have authority to issue a bond because the offenses charged have a “Superior Court only bond.”  As a result, bond will later be decided by a Superior Court Judge as the cases procees.

A Georgia State Patrol investigation is underway and will use the Georgia State Patrol Specialized Collision Reconstruction team as a follow-up.

Vehicular homicide charges do not need malice or forethought for charges to be levied. As far as punishment goes, it all depends on the circumstances of the accident.

First-degree homicide by vehicle is a felony offense in Georgia and is punishable from three to fifteen years in state prison.  If a habitual violator, the punishment is between five and twenty years in prison.

First-degree homicide by vehicle is the worst kind of vehicular homicide charge.  It is usually given for the negligent and most reckless of incidents.  Since Mr. Porter was also charged with DUI (and marijuana possession), a first-degree vehicular homicide seems appropriate.

Even if Mr. Porter has no previous criminal record, he could still face harsh punishments considering the accusation of DUI and that someone died as a result of his actions.  Prosecutors, judges, and even juries take these charges seriously because of the loss of life of an innocent person.

The judge could exercise discretion and place someone convicted of first-degree homicide by vehicle on probation for some or all of their sentence.  Their driver's license would be suspended for three years, with no opportunity for an early reinstatement or limited permit, even if the judge placed them on probation.

If you or someone you know has been arrested for DUI, homicide by vehicle or any DUI-related charge, contact the Law Offices of Richard Lawson right away.  Not hiring effective legal representation for yourself as soon as possible can lead to unfortunate consequences.  Having a charge as serious as homicide by vehicle hanging over your head could make you feel like there is no hope at all.  Our Atlanta DUI Lawyers are skilled and compassionate and will be with you every step of the way.  Time is not your friend.  Waiting to speak with Atlanta DUI Attorney can cause you to forget crucial facts of your case and can lead to a weak defense.

You have everything to lose.  Call our office today for a free, no-hassle consultation.  You'll be glad you did.

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Richard Lawson

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