According to reports out of neighboring Clayton County, a person died in a car wreck this past week that involved eleven total vehicles.
The wreck occurred on Sunday morning around 5:30 am on I-75. As of right now the wreck is still under investigation. It is still unclear as to how many victims were involved in this wreck, although one death has been confirmed and several people were taken to local hospitals with serious injuries.
Even though this case is still under investigation, and no other information has been released, as a Henry County DUI Lawyer, I will outline the law behind serious injury by vehicle in today's post. This is a possible charge if one or more of the drivers is found to have caused the accident through reckless driving or DUI.
Serious Injury by Vehicle in Henry County
Serious injury by vehicle is defined by Georgia Law 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.
The law considers serious injuries to include: burns, disfigurements, partial or total loss of sight or hearing, fractured bones, etc. In order for an injury to be considered as serious, the injury does not need to be permanent. A serious yet temporary injury is sufficient. The severity of the injury is a question of fact to later be determined by a jury.
As you can see from the law above, the law itself does not require that there be any intent to harm another person in order for the offense to be proven.
The result of a conviction for serious injury by vehicle is severe. The consequences are a felony conviction and the possibility of up to fifteen years in prison.
Henry County DUI Penalties are severe enough on their own. This includes even a conviction for someone's first ever DUI. If an accident or a serious injury is involved, the case becomes all the more difficult to defend.
DUI cases that involve accidents and serious injury by vehicle in Henry County are especially complicated. It is imperative that if you or a loved one has been arrested for DUI in Henry County, that you contact our offices today. We have experience with defending DUI cases that involve accidents.
A Henry County DUI Attorney is here for you. Call now.