Vehicular homicide charges can be brought against someone when a death results from an auto accident. The State of Georgia has two types of vehicular homicide charges: first degree (felony) and second degree (misdemeanor).  

FELONY VEHICULAR HOMICIDE

First-degree vehicular homicide is a felony.  O.C.G.A. § 40-6-393(a) and (b) states that a person commits homicide by vehicle in the first degree when:

Without malice aforethought, a person causes the death of another by

• Overtaking and passing a school bus (O.C.G.A. § 40-6-163);
• Reckless driving (O.C.G.A. § 40-6-390);
• Driving under the influence of alcohol or drugs (O.C.G.A. § 40-6-391); 
• Fleeing or attempting to elude a police officer (O.C.G.A. § 40-6-395);
• Hit and run. (O.C.G.A. § 40-6-270); or 
• Leaving the scene of the accident (O.C.G.A. § 40-6-270 

For all of the above situations, the penalty is three to fifteen years.  The criminal defense attorneys at Conaway & Strickler, PC, have been able to get those 3 years probated for several of our clients.  It is very important to retain a lawyer very early on after the accident so that all of your rights are protected and you get the best legal defense possible.  

Recently, an 18 year old was charged with felony first degree vehicular homicide in the death of beloved teacher Jason Hughes in Hall County, Georgia.  Meg Strickler recently discussed this case on the Law & Crime network. 

MISDEMEANOR VEHICULAR HOMICIDE 

Other than the driving offenses delineated above for felony vehicular homicide, all other simple misdemeanor traffic offenses will result in misdemeanor vehicular homicide.   Simple traffic charges can include failure to maintain lane, distracted driving, running a red light, etc.  

If you are a facing vehicular homicide case, contact us for more information and to retain a criminal defense attorney in Georgia who will represent your best interests.  

Question: What types of issues come before the State of Georgia Nursing Board?

Answer: Below are some common issues the Board handles. Many of these issues may overlap, as most of this conduct also constitutes a crime.

1. Mishandling/misuse of drugs. This includes diverting medications intended for patients, taking medications for your own use, failing to document or inventory medications correctly, or submitting unauthorized prescriptions to pharmacies.
2. Sexual misconduct. This could include allegations of inappropriate sexual relationships with patients or sexually harassing colleagues.
3. Patient abuse or neglect. If a nurse physically, verbally, or mentally abuses a patient, or fails to provide them with timely or sufficient treatment, this could result in the loss of the nurse’s license.
4. Fraud. This may include allegations of falsifying patient records, misrepresenting credentials like education credits or diplomas, sending incorrect or inflated bills to insurance companies, etc.
5. Criminal convictions. Many convictions can disqualify nurses from practicing (such as driving under the influence or drug possession). Importantly, you can also lose your license if you do not disclose a past conviction (see below for more on the license renewal process).

Question: What happens when a complaint is filed against you?

Answer: If a complaint is filed against you with the board of nursing, the Board will review the complaint and open an investigation. If the allegations are serious, the board can issue an emergency temporary suspension of your license during the disciplinary process. Depending on the allegations, an investigator may be appointed to gather all necessary information, including documents, witness testimony, etc. The board may also ask you to submit a written response to the allegations in the complaint, along with any supporting evidence. The board will then decide whether there is enough evidence to support the allegations against you and move forward.

The Board may offer a consent order, allowing you to accept penalties without a formal hearing. The consent order typically involves admission to the wrongdoing and submitting to the disciplinary action recommended. If you decline, a formal hearing will be held, and disciplinary actions may follow. If no consent order is agreed to, you will be asked to appear at a formal hearing to defend yourself against the charges. After the hearing, the board will make a final determination. This could range from public reprimand to the suspension or revocation of your license. Even a minor disciplinary action can become a matter of public record, affecting your career and permanent reputation. It is critical to have a qualified attorney guiding you through this process.

Question: Why hire a nursing license defense attorney?

Answer: When a complaint is filed against you, the board of nursing does not consider you innocent until proven guilty, immediately putting you at a disadvantage. The Nursing Board’s primary goal is to protect the public, not defend nurses. With your career at stake, navigating the complexities of an investigation without legal assistance can be risky. Retaining a nursing license defense attorney ensures that your rights are protected, representing your best interests every step of the way.

Question: What if you are concerned about the license renewing process?

Answer: If you’ve been arrested or convicted since your last renewal, you need to proactively address these issues with the board. Building a mitigation packet and addressing any concerns early can significantly increase your chances of renewing your license without penalties. At Conaway & Strickle, PC, we are experienced in working with professionals to mitigate adverse Board actions related to arrests, substance abuse, and mental health issues. We can assist with not only getting your criminal case reduced or dismissed, but also renewing your license without sanctions.

Question: How can a DUI affect your nursing license in Georgia?

Answer: A DUI conviction in Georgia can result in probation and other penalties, such as random alcohol screenings, mental health evaluations, and restrictions on your nursing practice. These probationary conditions can last for years, depending on the severity of the case.

Below is a list of common probationary conditions that can be place on you following a DUI or an impaired driving under the influence of drugs charge in Georgia.

• Three years minimum probation (must be three years of continuous compliance, so the probationary period could be extended if you slip up)
• Psychotherapy Evaluation by a physician board certified in addiction medicine
• Psychotherapy Course of Treatment completion
• Quarterly Reports from Psychotherapist
• Mental and Physical Evaluation, with favorable finding pertaining to ability to perform duties
• Continuing Education Coursework
• Quarterly Reports from Employer
• Quarterly Reports from yourself
• Quarterly Reports from a Substance Abuse Treatment Aftercare program approved by the Board of Nursing
• Monthly PEth (blood alcohol) testing for first 12 months
• Bi-monthly random urine drug screens for duration of probationary period
• Random alcohol screens
• Enrollment in an Affinity Program, like the one offered by the Georgia Nurses Association
• Restrictions on nursing practice, often including an inability to practice in the following areas without prior Board of Nursing Approval: Agency/Pool Assignments; Private Duty Nursing; In-Home Nursing; Internal Float Pools; Travel Nursing; In-Home Hospice.
• Abstaining from alcohol, and mood-altering substances, including controlled substances unless prescribed.
• If prescribed any medication, providing a letter from the prescriber to both the Board of Nursing and the treatment/aftercare provider within 10-days of receiving such subscription.

Conclusion

If you’re facing challenges related to your nursing license, it’s important to act quickly. With the complexities of nursing board investigations and the potential damage to your reputation, having an experienced nursing license defense attorney is crucial. For more information, contact us today.

When a police officer is conducting a roadside investigation of a suspected drunk driver, a variety of mechanisms are employed as indicators of intoxication. Law enforcement are trained to conduct specific behavioral tests and use certain devices designed to detect levels of intoxication. Officers are often additionally trained to make more general observations of the suspect during roadside investigations of this nature. For instance, the potential odor of alcohol, an individual’s flushed face, or the appearance of the eyes, can all also be additional indicators of intoxication; however, few evidentiary limits apply when an officer with personal knowledge testifies to such observations. In contrast, evidence of intoxication resulting from officers performing more established methods of testing implicate more potential grounds for exclusion.

Since 1981, the National Highway Traffic Safety Admission (NHTSA) of the United States Department of Transportation has produced a series of standardized field sobriety tests which are considered the most effective procedures for testing drivers at roadside for intoxication. The NHSTA’s behavioral test battery has been incorporated into law enforcement training in all states to help police officers in assessing whether a suspected drunk driver is legally impaired. The tests are administered roadside, outside of the car, and after the suspected drunk driver has been identified. The SFST battery is composed of three tests: the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn (WAT), and the One-Leg Stand (OLS). Since 1995, the Georgia Peace Officer Standards and Training Council has made the three NHSTA-approved field tests the exclusive field tests taught to Georgia officers.

Horizontal Gaze Nystagmus (HGN). The HGN test is a simple eye test designed to detect nystagmus, or involuntary jerking of the eyes which is attributable to the ingestion of alcohol. Many individuals exhibit some nystagmus (or jerking) of the eyes as they are turned as far as possible to the side; however, as people become intoxicated, the onset of the jerking occurs sooner and becomes more distinct. The HGN test developed by the NHTSA uses the following three measures for officers to gauge intoxication: (1) the angle of onset, or how soon the nystagmus occurs as eyes move to the side; (2) the maximum deviation, or how distinct the nystagmus appears as eyes are as far to the side as possible; and (3) smooth pursuit, or whether the driver is able to follow a slow moving object smoothly with their eyes. Studies by the NHTSA suggest that of all three SFSTs, the HGN test is the most reliable indicator of intoxication.

In an HGN examination, the suspected intoxicated driver stands with both feet together and arms at their side, then they must follow the movement of a stimulus with their eyes. The officer examines the angle of onset, maximum deviation, and smooth pursuit. One point is scored on each of these factors for each eye, for a possible total of six points. Four or more points on an HGN examination is taken to indicate an individual’s blood-alcohol concentration is over 0.10 percent. HGN tests are commonly used as the initial inquiry into a driver’s level of intoxication.

Walk-and-Turn (WAT). The WAT and OLS tests are both used to observe the effect of alcohol on an individual’s balance. In a WAT test, the suspected drunk driver is required to stand heel-to-toe while listening to instructions about the test from the officer. Specifically, the subject is instructed to take nine heel-to-toe steps down a straight line, turn around by pivoting on one foot, then take nine heel-to-toe steps back. The WAT test is based on research showing that alcohol impairs one’s ability to complete divided attention tasks, or concentrate on two things at once. If the subject remains balanced but needs to have the instructions repeated, or if the subject understands the instructions but loses balance, then they are deemed to have failed the WAT test. Failure indicates a BAC at or above 0.10 percent.

One-Leg Stand (OLS). The OLS test gauges intoxication of a suspected drunk driver through testing the individual’s balance in another divided attention task. In an OLS test, the subject is asked to stand with their heels together and is then instructed to raise one leg six inches off the ground. While holding that position, the subject is asked to count rapidly from 1001 to 1030. If the individual either loses balance, or is unable to properly count the numbers, they are deemed to have failed the OLS test. Again, failure indicates a BAC at or above 0.10 percent.

Preliminary Breath Testers (PBTs). While not categorized as an SFST, preliminary breath testers are screening devices commonly used by law enforcement to detect the presence or absence of alcohol on the breath of a suspected drunk driver. These commercially available breath-testing instruments are often used in conjunction with the behavioral SFSTs discussed above as a basis for arresting a subject for further testing. PBTs refer to AlcoSensors, breathalyzers, Taguchi Gas Sensors, et cetera. A number of devices have been developed and approved for use by law enforcement; however, PBTs generally operate the same by using chemical reactions from the alcohol vapor on an individual’s breath to determine a value for the BAC. In Georgia, the AlcoSensor sold by Intoximeters, Inc. has been traditionally used by officers in determining whether a motorist is under the influence of alcohol. The Georgia Bureau of Investigation has additionally approved the use of two other PBTs (the A.L.E.R.T. device and the Alcolyzer); however, the AlcoSensor remains the most used in preliminary field testing. Like most PBTs, the AlcoSensor employs fuel cell technology, which measures alcohol oxidation that occurs when a breath sample interacts with an acidic electrolyte solution.

Working with my clients has taught me better than any philosophy class that as human beings we are all innately fallible. As a criminal defense lawyer I have no need to be reminded that “to err is human”- I see it every day. My clients are people like these:

· Sasha, on scholarship to an exclusive private college in Boston. Under pressure to conform to the lifestyles of her wealthy friends, she succumbed to the pressure to shoplift a party dress “just this once.” The store’s policy against selective prosecution landed Sasha in jail and sent her parents frantically seeking legal advice.

· Joe, a contractor, family man, and supporter of his local law-and-order politicians. When the police pulled him over one evening for failing to stop completely at a stop sign, he failed a breathalyzer test and found himself in jail on a Georgia DUI charge .

· Martha, a single woman in her twenties who worked as a bookkeeper. When she resorted to “borrowing” from the company accounts to pay some overdue bills, the company fired her and had her arrested.

· Jerry, a long-distance trucker with a wife and two kids. The pressure to provide “just on time delivery” for his big corporate clients led Jerry to boost his drive time with crystal meth. Stopped for a moving violation, Jerry couldn’t hide the signs of habitual drug use from the officer, who arrested him and took him to jail.

· Bill and Dana, a married couple who got into a fight one night. She got so angry that she threw a glass at him. When he shouted and threw her onto the couch, she called 911. When the police came to find the fight had blown over, but because of a Zero Tolerance arrest policy they still charged Bill with battery and Dana with aggravated assault .

The politicians and the “law and order” radio and television talk-show types boost their ratings by ranting and raving about our need to “lock everybody up who commits a crime and throw away the key.” They would be looking at things quite differently, I am sure, if it was themselves or their own son or daughter standing in a courtroom accused of a criminal act and facing jail or prison and a lifetime of being branded a “criminal.” It turns out the line between criminal and Good Decent Law-Abiding Citizen is hazy at best.

The reality is that it is much easier today for the average person to be arrested than it was twenty or thirty years ago. Many actions for which people are arrested nowadays would have been dealt with very differently a generation ago. Either they would not have involved the police at all, or they would have involved only a warning or some other conduct by an officer short of making an arrest. This situation is a result of numerous changes in the criminal justice system over the past few decades, including the expanded definition of crimes, the creation of new classes of crimes, and the rise of Zero Tolerance policies. These changes are affecting Good Decent Law-Abiding Citizens in the marketplace, on the Internet, on the road, at home, and in their children’s schools.

Call Conaway & Strickler, PC so that you can ensure that an arrest will not destroy your life.