The fatal accident is still under investigation by authorities in Monroe County.
According to officer's reports, all that is known right now is that the driver's tractor trailer overturned and ended up in a wooded area off of Interstate 75. Deputies responded early this morning to what appeared to be a single-vehicle wreck.
As of right now, the fatality is believed to be the result of driver error. However, if it is determined that another vehicle or vehicles is involved, then criminal charges might be possible.
As a Georgia DUI Attorney, I (as well as the lawyers at our firm) specialize in DUI law. This means that along with handling cases pertaining to DUI in Georgia, we also handle all cases related to DUI. In a case like this, where there is a fatality, the possibility exists of vehicular homicide charges. In today's post, I will outline the legal definition behind the offense of vehicular homicide.
Vehicular Homicide in Georgia
Vehicular Homicide in Georgia is split up into two different degrees. First degree vehicular homicide is defined as:
Any driver of a motor vehicle who, without malice aforethought, causes the death of another person when he or she leaves the scene of an accident, drives under the influence, drives recklessly, unlawfully passes a school bus, or flees or attempts to elude a police officer shall be punished by imprisonment for not less than three years nor more than 15 years.
Second degree vehicular homicide is defined as:
Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than those listed in the first degree vehicular homicide statute, 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.
Vehicular homicide is one of the most serious crimes in the state of Georgia. It is usually accompanied by other charges as well.
If you have been arrested, call our offices now.