When someone in Georgia is hit and killed in an accident by a driver who is under the influence, the driver may face vehicular homicide charges or a long list of other serious charges. Driving under the influence has a long list of penalties, particularly if it is a habitual thing. When a person is injured or killed during the driving incident, the issue because much more serious and life-altering for all involved. This appears to be the case outlined in the Atlanta Journal Constitution with a man who was driving and swerved to avoid hitting a deer. Although he did not hit anyone else, the man is being charged with vehicular homicide and DUI.
The man was driving his vehicle onto an off-ramp when he ended up on an embankment after he swerved to miss a deer. He hit his head in the process and law enforcement officials do not believe either the passenger or the driver was wearing a seat belt when the initial crash happened. After the car swerved off the road, the passenger from the car walked into the roadway and was hit by another vehicle. The woman driving that vehicle was not charged with anything and claims she could not see the pedestrian crossing the road.
A beer can was found where the initial car crashed and officers believe the man was driving excessively over the speed limit when he crash on the ramp. He was arrested for speeding, DUI, not wearing a seatbelt, open container and failure to maintain lane in addition to the vehicular homicide. That charge comes under a state law that states anyone who is committing a criminal offense when another person is killed is responsible for that death. Because the driver was given a DUI when his passenger was killed, officials are able to justify the charge.