Vehicular Homicide DUI Attorney in Athens
You Need Quality Defense Counsel
Driving under the influence in Athens can have tragic consequences if an intoxicated driver causes an accident. In Georgia, homicide by vehicle is the unlawful killing of an individual by vehicle, and is often accompanied by DUI charges. Vehicular homicide is a very serious charge, but there are defenses possible. Athens DUI Defense lawyer J. Lee Webb has extensive experience in these types of cases, and can help you put together your best possible case.
Find out more about your situation by calling (706) 705-5122 and scheduling a no-commitment free case evaluation.
Homicide by Vehicle
To prove that a driver has committed homicide by vehicle, the prosecution must show that:
- There was a DUI or major traffic violation; and
- The violation was the proximate cause of a person’s death.
A DUI may be proven by a breathalyzer test or blood test, or by showing that the driver’s operation of the vehicle was made less safe because of the use of alcohol or drugs. Other serious traffic violations that can lead to a felony vehicular homicide charge are:
- DUI
- Reckless driving
- Fleeing and eluding a police officer
- Unlawful passing of a school bus
Proximate cause means that the driver’s actions were the cause of the death and that, but for the violation, the person would still be alive. For instance, if an intoxicated driver ran into another car, stopped at a red light, which skidded and hit a pedestrian crossing the street, proximate cause would exist. But if an intoxicated driver ran into an electrical pole, causing a passerby who was carrying a gun to discharge the gun in fright, killing another person, there would be no proximate cause.
Vehicular homicide does not require that the driver have malice aforethought or intend harm to anyone. Rather, the recklessness of driving while intoxicated is sufficient to sustain a conviction.
Penalties
In Georgia, homicide by vehicle is punishable by three to fifteen years’ imprisonment. Further, a convicted driver’s license will be suspended for three years, and no work permit will be available.
Feticide by Vehicle
A driver commits feticide by vehicle if he or she causes the death of an unborn child by injuring the expectant mother, and if the mother had been killed, it would have been vehicular homicide. Like vehicular homicide, vehicular feticide is punishable by three to fifteen years’ imprisonment.
Misdemeanor Vehicular Homicide
A driver commits misdemeanor vehicular homicide if he or she causes another’s death by the violation of a basic traffic law, such as speeding, following too closely, or failing to come to a complete stop at a stop sign. The penalty for the misdemeanor charge is up to one year’s imprisonment. An experienced lawyer may be able to negotiate with the prosecution to reduce felony vehicular homicide charges to a misdemeanor.
Contributory Negligence
If the accident victim’s carelessness was a contributing factor in the accident, the driver may have a defense to a vehicular homicide charge. For example, if the other person darted into the roadway in front of the oncoming driver, or if the other person was also driving, and ran a stop sign, these actions may constitute contributory negligence, and may serve as a defense.
Vehicular homicide charges are very serious, so experienced representation is crucial. Contact Athens DUI defense Attorney J. Lee Webb for a free consultation at (706) 705-5122.
Why Choose Our Firm?
Put a Devoted Attorney On Your Side-
We understand both the procedure of drug & alcohol tests, and the science behind them
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Attorney Webb has earned numerous awards for his standard of excellence.
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Clients receive Attorney Webb's personal cell phone & email address.
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We have over 25 years of legal experience.
We can Make a difference
Hear from Other Clients We've Helped-
Criminal Defense Client
He is knowledgeable and very professional.
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DUI Client
This was a first-time DUI (0.08), first-ever offense of any sort. I was referred to Lee by a lawyer friend. Lee and Alisa (his assistant) did an outstanding job of guiding me through the process from first contact all the way through trial (that never occu
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Kevin W. / DUI Client
Lee did an amazing job on my case. He asked me to walk through all of the details of what had happened and then studied the police reports in great detail. Once we went to court it was clear from the beginning that the judges and prosecutors really respect
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DUI Client
Once I came into contact with Mr. Webb after facing an arrest for driving under the influence, I knew he was the man I could trust to help me when it came to the law. He simplified the legal process and was successfully able to reduce the charge I was pres
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DUI Client
As soon as I was charged with a DUI, I reached out to Lee Webb for representation—and my experience could not be more ideal. He immediately initiated an appeal for my administrative license suspension and reached out to the prosecutors for negotiation. Les
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DUI Client
The court kept pushing out my case date, but after three years, Lee was able to get it dismissed. I would recommend Lee to anyone facing criminal charges—even if you think it is an open-and-shut case, there are a number of factors that can change the outco
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Criminal Defense Client
I immediately researched defense lawyers and scheduled a free consultation with Lee Webb. As soon as I walked into his office, I felt relieved. While the situation was embarrassing, Lee treated me with respect and helped me through the process. He was alwa
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Criminal Defense Client
Lee and his team kept me updated throughout the entire process, and were always available if I had any questions. Lee was brutally honest and was true to his word during my proceedings. I am very satisfied with his representation as well as the results of
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Criminal Defense Client
I cannot say enough about Lee Webb. From start to finish, he made a miserable experience tolerable. Each employee I worked with – including with the individual who answered the phone on weekends—was top notch and beyond pleasant. The team kept me informed