TInmania wrote:
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
These things will all be a part of the process…
but if there is no damage to the RV (as though he wasn’t involved) why would he leave the scene and then call 10 miles down the road, and a full hour after the accident??? It all is strange…
but it takes almost no impact at highway speed, just a tap to the rear quarter-panel, to cause exactly what has been described… maybe nothing more than paint exchange…
It would by then have been all over the local news and soon someone would discover him in the parking lot he was hiding in, or on the highway…
would calling then be assumed as a show guilt or concern… I personally think it would be a sign of guilt with no way out because his plate number was given by another witness… there is nothing good that can come out of this no matter what the final outcome is…
but he in my opinion is charged correctly… he in fact was involved, he in fact started the chain reaction accident, the chain reaction accident resulted in a death… and he in fact did unlawfully faill to stop for a collision… ten miles and on hour later would not reverse the requirement of stopping for a collision in anyone’s mind… and I think he was hiding in the parking lot to evade getting caught until he realized it was a useless effort…
he was charged correctly in my mind and I haven’t read anything differently…
what was he doing for the hour he was at Wal-Mart??? Maybe trying to buff out scratches or paint transfer… sound like a one hour job… but the type of damage hasn’t been mentioned…
