According to the AJC, a tractor-trailer lost control recently, causing three accidents. The truck caused a Chevy Impala to rear end a Nissan Maxima, and unfortunately, it then hit a BMW, causing it to cross I-285 and hit a fence. The driver of the BMW was taken to Grady Hospital where he passed away as a result of the injuries he sustained in the collision.
The driver of the truck is facing charges of Second Degree Vehicular Homicide and Following Too Closely. Second Degree Vehicular Homicide is a misdemeanor offense whereby a person is guilty if they unlawfully cause the death of another through a violation of the traffic laws of Georgia. This is a serious offense that can result in some time in jail.
However, due to the fact that there has been a death, the police will take a blood sample of the responsible driver. If it is later determined the responsible driver was under the influence of alcohol or drugs (including prescription drugs), the driver's charges will be upgraded to First Degree Vehicular Homicide.
First Degree Vehicular Homicide is defined as causing the death of another through a violation of the the DUI Laws of Georgia (or other serious traffic offenses such as reckless driving, fleeing and eluding, and hit and run). This is a serious felony offense that carries up to 15 years in prison. Most people convicted of this offense receive time in prison.
Generally, a person will bond out on the misdemeanor charges while the police gather all the evidence and do an accident reconstruction. If the toxicology report indicates impairment, the police will get a warrant for the First Degree Vehicular Homicide charge. Once the warrant is issued, the responsible driver will then be re-arrested on the felony charge. Bond is not automatic for this felony offense. Your Atlanta DUI Lawyer will have to make arrangements with the magistrate court to get bond.
If you or a family member is facing a serious DUI charge in Atlanta or throughout Georgia, contact our office immediately. We are here 24/7 to help.