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How a traffic accident can turn into an arrest:

Posted by Michael D. Barber | Nov 09, 2019 | 0 Comments

            On November 8, 2019 two vehicles were involved in an accident at the corner of Peachtree Industrial Boulevard and Winters Chapel Road. According to Gwinnett Police Blotter the responding officers discovered that the accident occurred when a red pickup truck collided with a white sedan. The driver of the white sedan did not survive the accident. Later investigators discovered that the accident occurred with the Driver of the pickup truck was giving someone a ride and had an altercation with another driver of a black SUV. The occupants of the black SUV produced a gun and shots were fired. The driver of the red pickup truck fled the scene while the other adult passenger of the red pickup fled the scene. As a result of that accident the driver of one vehicle was charged with Reckless Driving, Operating a vehicle with No license, Possession of Schedule IV Controlled Substance, Vehicular Homicide 1st Degree and Failure to Maintain Lane.

              There is a great deal of information contained in the small paragraph above. In addition to the charges that are currently pending, the occupants of the black SUV can also receive the homicide charge because they were involved in the confrontation that ended up causing the death of the driver of the white vehicle. These charges can also be cast upon the occupant of the red pickup as well. Of course, any reasonable person would say that makes no sense, on that driver caused the accident. In Felony criminal law, the state can use a “vehicle” called “Parties to a crime” to enhance any charge onto another defendant. This particular charge allows prosecutors to give charges to another defendant that otherwise would not apply. A way the state “looks at” this is: Had the actions of the other individuals not been present would the other person have not been killed?” If the answer is slightly in any way yes then those charges are deemed to be appropriate for the other defendants.

              There are other charges which could potentially be case upon other defendants as well. Of course, depending on where the drugs were found if the state links this as a drug purchase gone bad, then the drugs could be placed upon any of the other defendants as well. Violation of Georgia Controlled Substances Act (VGCSA) has large ramifications if someone is convicted. Of course a violation of this act will depend upon with which drug someone is charged, but overall none of the sentences upon a finding of guilt are amicable.

              It doesn't matter where you find yourself in Georgia almost all of the police forces in Georgia have a special team that investigates drug charges and fatality traffic offenses. In Gwinnett County there is a specialized investigative section, which is a part of the criminal investigations division, that investigates violations of the Georgia Controlled Substances Act called the Narcotics unit. There is another team which is a part of the criminal investigations division which looks into accidents and traffic issues which is called the Crime Scene investigations unit. Each of these “detectives” have to be called onto the scene by responding officers.

              If you have been accused by the police of Violation of Georgia Controlled Substances Act, Possession of Schedule I controlled substance or Possession of Schedule II controlled substance, Reckless Driving or Vehicular Homicide then you need help from a trained Criminal Defense attorney. Should YOU find that you either don't want to face the court alone or simply feel that you need help from an attorney then give our office a call regarding your citations. There are facts to every case where defenses can be raised for every situation. Each situation is different from the other and requires a evaluation of all the information in order to properly mount a defense and a effective negotiation with the prosecutor's office.             

               Remember that being charged with a felony does not mean you have to accept guilt, it means that you need a trained criminal defense attorney to mount a proper defense. Every criminal case is different because no two sets of facts are the same. Application of case law to your situation would take examination of the facts surrounding your case and applying case law properly to create a properly mounted defense for YOUR arrest.

              Our office has 24 hour response lines and can answer your questions and help you. Give our team of criminal defense lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.

About the Author

Michael D. Barber

Michael's training as both a prosecutor and defense attorney gives him the ability to interpret what the other side is considering and thinking in regards to a clients case. Working for his family law firm in Dunwoody, Georgia familiarized Michael with Debt Collection, Contracts and Agreements, ...

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