Georgia Mother Charged With Causing Crash Into Train

Doreen Carter of Fulton County is facing charges of vehicular homicide. Authorities are accusing her of causing a crash involving her vehicle and a train. The crash resulted in the deaths of her sister, her teenage daughter, and another teenager. According to reports, her vehicle collided with a train after she attempted to speed in front of it.

As a Georgia DUI Lawyer, I will focus on the potential charges faced by Carter in today's post.

Reckless Driving in Georgia

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

(a) Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving. (b) Every person convicted of reckless driving shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both such fine and imprisonment, provided that no provision of this Code section shall be construed so as to deprive the court imposing the sentence of the power given by law to stay or suspend the execution of such sentence or to place the defendant on probation.

Vehicular Homicide in Georgia

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

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. 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. 

First-degree vehicular homicide is a felony offense and occurs when a death results from:

• DUI in Georgia
• Reckless Driving in Georgia
• Fleeing or Attempting to Elude an Officer in Georgia
• Unlawful Passing of a School Bus in Georgia
• Leaving the Scene of an Accident in Georgia

Second-degree vehicular homicide is a misdemeanor offense and occurs when a death results from any traffic offense not listed out by first-degree vehicular homicide.

Practice Note

If as a result of investigations it is determined that Carter was guilty of reckless driving and that the deaths were the result of that, then she will also be guilty of first degree vehicular homicide. According to reports, witnesses watched Carter speed up as the arms of the railroad crossing came down.

If you or a loved one is facing a serious traffic violation, contact a Georgia DUI Attorney today.