Our Approach to Defending Georgia Vehicular Homicide Charges
Posted by Ben Sessions | | Uncategorized
Defending Georgia vehicular homicide charges is not like defending a “regular” DUI or reckless driving charge. Many attorneys are, quite simply, blindsided by the evidence that they see during the trial of vehicular homicide cases. They are unprepared for the level of detail and depth of opinions that they will encounter in vehicular homicide cases. Make no mistake: the level of preparation and investigation that the State will undertake in the preparation of a vehicular homicide and serious injury by vehicle case is vastly different than the investigation and case presentation that one might expect in a misdemeanor DUI or reckless driving case. In short, criminal defense attorneys that represent clients charged with felony DUI vehicular homicide and serious injury by vehicle charges must approach the cases with a different perspective than they would similar misdemeanor charges.
Many defenses that might be available in a misdemeanor DUI case are no long available in felony vehicular homicide cases. For example, in many DUI cases, defense attorneys argue that the jury should compromise and find their client guilty of the “lesser” offense of reckless driving. The problem is that reckless driving in combination with a serious injury or death is a felony in Georgia.
Issues that arise during the course of felony DUI and serious injury by vehicle cases are not frequently seen in Georgia misdemeanor DUI cases. You might (mistakenly) think that any lawyer would have adequate time to prepare for different issues as they arise. The problem is that there is not plenty of time and frequently there is not advance notice. If a lawyer does not know what to ask for, he/she will not receive any notice that the evidence will presented to the jury or judge. If the lawyer does not know the evidence is going to presented, he/she will not be prepared to object to the admissibility of the evidence.
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