Georgia has two vehicular homicide charges; first-degree vehicular homicide and second-degree vehicular homicide. First-degree vehicular homicide is generally applied when a person is driving while intoxicated and kills another person in an auto accident. First-degree vehicular homicide charges can also apply if the driver was committing the offense of reckless driving, trying to pass or overtake a school bus, fleeing or attempting to elude a police officer, or in a hit-and-run. First-degree vehicular homicide can be proven through either DUI per se, meaning that the driver had a blood alcohol content of .08% or higher. It can also be proven if the driver wasn’t intoxicated enough to be over the legal limit, but still had alcohol in their system.
The Atlanta Journal and Constitution reports that a driver has been charged in a DUI crash that killed two of his passengers.
The crash occurred on Saturday, July 22nd. Police responded to an accident scene at about 11:30 p.m. at the intersection of Martin Luther King, Jr. Drive and Bolton Road.
Preliminary investigation reveals that the driver of a Chevrolet SUV, identified as 41-year-old Michael Hart III was headed west on MLK Drive. He ran the red light at Bolton Road, slamming into a Toyota SUV.
That collision sent the Chevrolet off the road, causing it to strike a tree. One of the passengers inside the Chevrolet died at the scene. Another passenger was ejected from the vehicle. That passenger was rushed to Grady Memorial Hospital, where he succumbed to his injuries.
Hart was taken to Grady as well, though he was not seriously injured. He was arrested on charges of two counts of felony first-degree vehicular homicide, failure to obey a traffic control device, and DUI.
Have you been injured in an accident? We can help. Call today.