A teenage driver has been arrested in relation to a very serious accident in Lilburn.
He has been accused of stealing a car and taking it on a joyride with his friends. He has been accused of causing an accident as a result of his speeding and reckless driving. He appeared in court earlier this week on thirteen different charges.
Even though the driver is facing a slew of charges - as a Georgia DUI Lawyer, I will only be focusing on the offense of serious injury by vehicle in today's post. Serious injury by vehicle along with vehicular homicide in Georgia are charges that frequently accompany cases that involve accidents and driving under the influence in Georgia.
Serious Injury by Vehicle
Serious injury by vehicle in Georgia is defined in 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.
This law does not define what constitutes a serious injury, so in these situations, we have to look to other sources within the Georgia Code. Other Georgia laws define it as a “fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness.” To be considered serious, the injury does not need to be permanent. Instead, a serious, temporary injury is sufficient and only needs to impair or injure a person's appearance.
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 qualified as “serious.” Whether an injury is serious is a question of fact to be determined by the jury.
Serious injury by vehicle is classified as a felony offense. The penalty if convicted of serious injury by vehicle can include up to 15 years in prison.
Practice Note
If you or a loved one has been charged with a DUI in Georgia along with any other related offenses, call our offices now. We can help you with your case today.
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