A DUI suspect faces several serious charges after an accident in north Georgia that led to the death of one child and left another child in serious condition.
Charles Raymond Evans, of Toccoa, GA was driving a Dodge Ram 1500 pickup truck on I-85 in Banks County, GA at around 3 p.m. The pickup truck slammed into the back of a Toyota Corolla that was stopped due to back up traffic. The Corolla was forced off of the road and into the median. The pickup truck continued forward hitting another vehicle, a Honda Accord before both finally stopped moving.
Four adults in the different vehicles were injured as a result of the accident. However, none of these injuries are considered life-threatening. Sadly, a 3-year-old child in the Corolla died after being taken to Northridge Medical Center in Commerce, GA to receive medical treatment. A 7-year-old child from the same Corolla was taken to Piedmont Athens Regional Hospital in Athens, GA with serious injuries.
Evan now faces charges of:
- felony vehicular homicide;
- felony serious injury by vehicle;
- driving under the influence;
- reckless driving;
- following too closely; and
- driving with an expired tag.
If you or someone you care about has been convicted of driving under the influence (DUI) of alcohol or drugs, an experienced Forsyth County DUI attorney can defend your case and protect your rights.
Felony Vehicular Homicide in Forsyth County
A charge of felony vehicular homicide is extremely serious. While a vehicular homicide charge can be either a felony or a misdemeanor depending on the circumstances, certain circumstances make the charge a felony.
A person is charged with felony vehicular homicide when, without malice aforethought, a death is cased by a person by:
- illegally passing a school bus;
- the driver engages in reckless driving,
- the person feels or attempts to elude law enforcement officer; or
- if the offender leaves the scene of the accident.
If any one of these is true, the felony level charge can apply. A felony conviction is extremely serious in the State of Georgia. When a death results from a DUI, prosecutors almost always charge a driver with reckless driving as well, to ensure the felony level charge is available.
Penalties for Felony Vehicular Homicide in Georgia
If a person is successfully charged with and found guilty of felony vehicular homicide in Georgia, the penalties are severe, and include:
- a minimum prison term of 3 years;
- a maximum prison term of 15 years.
The offender will also face the stigma of the "felon" label and may find it difficult to find employment. On top of all of this, the offender may face a civil lawsuit for wrongful death, which can financially punish the person for causing the death.
Consult a Forsyth County DUI Attorney
You have the constitutional right to defend yourself from all charges. You are innocent until proven guilty under the law. Many times, prosecutors charge higher than what they can ever prove, in the hope of scaring you into a plea deal.