According to reports out of North Georgia, a driver has been arrested for fifteen different charges including DUI in Georgia.
Authorities reported that the man was driving under the influence when he rear-ended the vehicle in front of his. This crash resulted in the fatality of a 2-year-old boy and the serious injuries of his parents. His charges also include hit and run in Georgia as well as vehicular homicide in Georgia.
Although the man is facing many DUI related charges - as a Georgia DUI Lawyer, I will outline the offense of serious injury by vehicle in Georgia as he is also facing charges for the injuries sustained by the boy's parents.
Serious Injury by Vehicle in Georgia
Serious Injury by Vehicle in Georgia is defined by the Georgia Code in O.C.G.A. §40-6-394 as:
Whoever, without malice, shall cause 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 Code Section 40-6-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years.
By law, a serious injury is defined as: fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness. Moreover, a serious injury does not need to be permanent in order to be considered serious. A serious, temporary injury is sufficient and only needs to impair or injure the appearance of a person. In the past, injuries such as loss of vision in one eye, blurry vision, a two-inch scar on the forehead, broken ribs, and severe bruising have all been considered serious injuries by Georgia Courts. It is up to the jury to determine whether an injury is serious.
This law does not require that any malicious intent to harm be proven. As a result, defenses such as where a person did not intend to get in an accident or commit the offense of reckless driving in Georgia in order to be charged with serious injury by vehicle.
Call us today if you or a loved one has been arrested or cited for serious traffic violations such as serious injury by vehicle or DUI in Georgia.