According to reports out of neighboring Cobb County, two people visiting from Kentucky were involved in a horrible crash on I-575.
Police were dispatched to the crash site early on Saturday morning. Preliminary investigations show that the driver most likely fell asleep and lost control of his vehicle while going around a curve. This resulted in his vehicle running off the road. Both the driver and the passenger were not wearing safety belts. This caused both individuals to be catapulted from the vehicle.
Shortly after police arrived, both were transported to Kennestone Hospital. The collision is still under investigation.
As of right now, no charges have been filed… However, as a Cherokee County DUI Lawyer, I am all too familiar with how investigations can lead to criminal charges and accusations. In today's post I will outline the offense of serious injury by vehicle in Cherokee County.
Serious Injury by Vehicle in Cherokee County
Serious injury by vehicle is outlined in OCGA §40-6-394 as:
“…caus[ing] 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 Reckless Driving or DUI.”
As you can see from the statute above, this particular law does not define what constitutes a “serious injury.” Other statutes define it as a “fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness.” To be “serious,” the injury need not be permanent – a serious, temporary injury is sufficient and only needs to impair or injure the appearance of a person. In the past, injuries such as loss of vision in one eye, blurry vision, a two-inch scar on the forehead, broken ribs, and severe bruising have qualified as “serious.” Whether an injury is serious is a question of fact to be determined by the jury.
This law does not require that any malicious intent to harm be proven. As a result, defenses that include a driver not intending to get in an accident, drive recklessly, or commit the offense of driving under the influence in Cherokee County are not allowed.
Serious injury by vehicle is classified as a felony offense. This means that if a driver is convicted of serious injury by vehicle, then he or she is facing up to 15 years in prison.
Bottom line - if you have been arrested for any traffic violation, contact a Cherokee County DUI Attorney now.