Two different police officers with the Atlanta Police Department are recovering from two separate crashes that occurred over the weekend.
Both officers were responding to what were believed to be DUI related accidents. As a Georgia DUI Lawyer, I will outline the law behind serious injury by vehicle as it is greatly related to the incidents reported in the news stories from the weekend.
Serious Injury by Vehicle in Georgia
Serious injury by vehicle in Georgia is defined by Georgia Law as:
…causing 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 in Georgia] or O.C.G.A. § 40-6-391 [DUI in Georgia]. Georgia Code §40-6-394.
The law behind serious injury by vehicle 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 drive recklessly are not legally relevant.
Serious injury by vehicle is classified as a felony offense in Georgia. The minimum sentence for serious injury by vehicle is one year in prison, and the maximum is 15 years in prison. Very rarely is the minimum sentenced if there has been a very serious injury.
Accidents and injuries increase the probability of more legal consequences and heightened DUI penalties.
If you or a loved one has been arrested, contact our offices today.