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Gregory Brian McMenamy Jr.

Gregory McMenamy’s Answers

1 total

  • My brother was killed due to injuries sustained in a car accident a year ago. Can the driver be charged with vehicular homicide?

    The 17 year old driver was on a straight stretch of road and ran the stop sign causing the vehicle to hit an embankment on the other side of the road. The police report stated that she was speeding and made no attempt to stop. There where empty be...

    Gregory’s Answer

    Although I am a Georgia Attorney, the short answer to your question is yes. If the 17 y/o driver is found to have been negligent, and certainly if intoxication is an issue, a charge of homicide by vehicle would be warranted. Based upon your summary of the events, additional charges could include DUI, Failure to Obey Traffic Device (sign), Speeding and an open container violation. Of course, the decision to charge is a function of the State - you cannot directly force their hand. I would recommend filing a civil suit against the driver to preserve the evidnce and testimony and avoid any statute of limitations issues.

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