Georgia Man Arrested After Allegedly Hitting a Woman Helping with Car Crash

Jonathan Gresham has been arrested on several serious charges after he allegedly hit Kayli Guthrie in Gwinnett County with his vehicle.

Kayli Guthrie was attempting to help another man who had gotten into a car crash after hitting the median wall. She was helping the other driver when Gresham struck the other vehicle with his car and then ultimately hit Guthrie. She died as a result of the accident.

As a Georgia DUI Lawyer, I will outline the most serious of the offenses that Gresham has been accused of in today's post. That way I can provide more clarity as to what he allegedly did this past Sunday.

Reckless Driving in Georgia

Reckless Driving in Georgia is defined by Georgia Law in O.C.G.A. §40-6-390 as:

Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.

Reckless driving is classified as a misdemeanor offense in Georgia. A reckless driving conviction can result in up to $1,000 in fines and up to 12 months in jail.

DUI in Georgia

DUI in Georgia is defined by Georgia Law in O.C.G.A. §40-6-391 as:

A person shall not drive or be in actual physical control of any moving vehicle while:

(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;

(2) Under the influence of any drug to the extent that it is less safe for the person to drive;

(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;

(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;

(5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or

(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.

A DUI is also classified as a misdemeanor offense in Georgia. A DUI conviction can include the following penalties: twelve months of probation, a $300 minimum fine, up to ten days in jail, at least forty hours of community service, substance abuse counseling, DUI risk reduction school, and other courses. A DUI conviction can also result in a driver's license suspension.

Vehicular Homicide in Georgia

Vehicular Homicide in Georgia is defined by Georgia Law in O.C.G.A. §40-6-393 as:

(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

(b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.

The first part of the statute outlines first degree vehicular homicide. The second part of the statute outlines second degree vehicular homicide. Second degree vehicular homicide is classified as a misdemeanor. Misdemeanor-grade vehicular homicide happens when a death is the result of a violation of basic traffic laws. A misdemeanor vehicular homicide conviction includes a penalty of up to 12 months in jail and a fine up to $1,000.

First degree vehicular homicide is classified as a felony. Felony-grade vehicular homicide charge occurs when a death is the result of DUI or reckless driving or any of the other offenses listed in the statute above. Convictions of felony-grade vehicular homicide may warrant up to 15 years in prison.

Practice Note

An individual will be charged with first degree vehicular homicide if another person dies as the result of them driving under the influence, reckless driving, unlawfully passing a school bus, fleeing or attempting to elude an officer, or leaving the scene of an accident. As of right now, Gresham is facing some very serious consequences. Georgia DUI Penalties are strict and will be exacerbated with the other charges if he is found guilty of the offenses.

However, just because someone has been accused of committing a crime does not mean they are guilty of committing that particular offense. A Georgia DUI Attorney can help in the case of an inaccurate or incorrect accusation or arrest. Contact us today.