Police hunting RV in Atlanta Area

JJBIRISH wrote:
In GA homicide by vehicle is a felony, and a first degree felony only requires the driver shows negligent behavior that caused an accident with a death(I don’t believe that means he had to cause the death, only the accident that caused the death) …

also one of several other circumstances are included, like school bus overtaking, failed to stop, were driving in a reckless manor, or under the influence, attempted to escape, or have been habitual offenders…

I would think by GA law he is properly charged… of course he’s not been proven guilty of anything yet and our knowledge of the true facts are limited…

Still in my book leaving the scene automatically puts a cloud over his head… I can’t imagine someone being able to do that…

I don't agree that he was properly charged with first degree homicide by vehicle. From what I read that is reserved for special cases and I don't think it applies here--and certainly not if there was no damage to his RV.

"In the state of Georgia, first degree homicide by vehicle is a felony offense. A first degree felony is the worst kind of charge connected to vehicular homicide because it relates to the most reckless and negligent behaviors. A person can face first degree homicide by vehicle charges under the following circumstances: if the driver met or overtook a school bus; if they unlawfully failed to stop for a collision; if they were driving in a reckless manner; if they were driving while under the influence of alcohol or drugs; if they failed to stop for a law enforcement officer; if they attempted to escape a police officer; or if they were previously declared a habitual violator."
http://www.avvo.com/legal-guides/ugc/explaining-vehicular-homicide-in-georgia

I can't see how an alleged illegal lane change, while not evading police or involved in some other illegal activity--such as DUI--can become first degree homicide by vehicle. A jury will buy that is the most reckless behavior?

Leaving the scene is another issue. Even that could be murky if he really did stop and give a report to an Atlanta officer, a few miles down the road.

What I can see as first degree is if he hightailed it from an accident scene and then caused an accident while fleeing.




Michael