A young man was seriously injured when his car hit a parked vehicle which caused a domino effect leading to the serious injury of others in Cobb County. According to investigations, police believe that both excessive speed and alcohol intoxication were contributing factors.
Many factors can lead to an accident, but when it's the result of reckless or negligent driving, the accident will be considered a crime most of the time.
As a Georgia DUI Lawyer, I will outline the offense of serious injury by vehicle in Georgia in today's post. This is a very serious offense and can lead to very serious consequences if convicted.
Serious Injury by Vehicle in Georgia
Serious Injury by Vehicle in Georgia is defined by the Georgia Code in §40-6-394 as:
…caus[ing] 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 O.C.G.A. § 4-6-390 [Reckless Driving] or O.C.G.A. § 40-6-391 [DUI].”
Serious Injury by Vehicle does not legally require that any malicious intent to harm be proven. Therefore, it is irrelevant whether or not the accused person intended to get into an accident or hurt anyone.
If a serious injury occurs by vehicle as the result of DUI in Georgia, the driver can be charged with a felony that result in up to 15 years in prison.
For someone to be charged with serious injury by vehicle in our state, the prosecution must prove first that the accused person is guilty beyond a reasonable doubt of either DUI or Reckless Driving in Georgia.
The consequences for a conviction of serious injury by vehicle is a prison sentence of one to fifteen years in prison. But it is important to remember that no case is hopeless. It is crucial to have an attorney who is an expert in DUI Law.
If you or a loved one has been arrested, contact a Georgia DUI Attorney today.