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  #1  
Old 08-07-2007, 07:41 PM
thinktwice thinktwice is offline
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Default Georgia Vehicular homicide question

My son was convicted of vehicular homicide but the DA did not prosecute the DUI charge. He also got the 'first offender' sentence from the Judge. It is my understanding that if it is a Level VIII felony he would not have been able to get the 'first offender'.
Does anyone know if this still falls under the catergory of Level VIII?
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  #2  
Old 08-07-2007, 08:19 PM
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I am going to take a stab at answering your question.


Apparently Vehicular Homicide is a Level IV felony IF NO ALCOHOL is involved:


LEVEL IV 16 to 28 months


Arson II - $2,000

Burglary - non-dwelling, over $5,000 or 6 or more counts
Homicide by Vehicle - not DUI/HV
Manufacturing Methamphetamine - near a child
Serious Injury by Vehicle
Theft of Vehicle - 4 or more counts or fourth or greater offense
Theft - over $10,000
VGCSA - sale/distribution/intent to sell
Schedule I or II drugs, second offense

And IF ALCOHOL IS INVOLVED is a Level VIII:


LEVEL VIII 65% to 90% of prison sentence


Aggravated Assault (with injury or weapon)

Aggravated Assault on a Police Officer
Aggravated Battery
Aggravated Battery on Police Officer
Aggravated Stalking
Attempted Rape
Attempted Murder
Burglary - occupied residence
Bus Hijacking
Child Molestation
Cruelty to Children
Enticing a Child for Indecent Purposes
Feticide by Vehicle
Hijacking Motor Vehicle
Homicide by Vehicle while DUI or Hab. Violator
Incest
Involuntary Manslaughter
Robbery
Statutory Rape
Voluntary Manslaughter
VGCSA - Cocaine or Meth.- 400+ grams *
VGCSA - Marijuana 10,000+ pounds*
VGCSA - Opiates - 28+ grams*


I got this information here:

http://www.pap.state.ga.us/opencms/e...els_1-2006.pdf

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Last edited by barky586; 08-07-2007 at 08:21 PM..
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  #3  
Old 08-07-2007, 08:53 PM
thinktwice thinktwice is offline
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Yea, I have read that. That is what is confusing me. There was alcohol involved. I am so scared that it will turn out to be a Level VIII and they can take away the 'first offender'. Thanks for your help.
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Old 08-09-2007, 01:26 PM
john'smom john'smom is offline
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My son was sentenced under the old rule for vehicular homicide (DUI)-first offender. The DA just sentenced him under the vehicular homicide, but the parole board sees all the papers, so he is serving about 75% of the sentence ( better than 90%). I would not worry about the first offender. I wish my son had not taken it and if we had it to do over he wouldn't have. I'm not sure if it helps with his GRID, because he is able to list that this was his first offense( for the points) and I am concerned that if he messes up when he is on parole or probation, he will have to go back in and serve his entire sentence. I thought it would be good to have his slate wiped clean after he completes his sentence, but there is a way for employers to check regardless. He will not be listed on the GDC website.
Good luck and don't worry about the First Offender being taken away. Stay on top of things so he is not lost in the system. he will probably be minimal security, so he will go to a county camp- that's good. If you meet with the parole board, ask that he be referred to a work release. That's where he needs to be, he is not a criminal, just serving his time.
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Old 05-20-2008, 07:55 PM
chec350 chec350 is offline
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Hello My sister is set to be transfeered to Metro County Prison for DUI vehicular homicide she is serving 9 of her 15 year sentense. I was wondering if anyone can help me with a few things. How much of the sentense will she accually serve ? I heard 90% now with the new law not sure and what are the rules for female prison inmates? thanks for any help
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Old 05-20-2008, 08:39 PM
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Quote:
Originally Posted by chec350 View Post
not sure and what are the rules for female prison inmates?
the laws are the same regardless of the offender's sex.
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Old 05-21-2008, 08:43 AM
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I'm from Ga. and looking at the GDC website the sentences are all over the board for VH. I hope the "first offender" sentence cut him some slack on time he will have to serve. Typically it is 75% - 90% of time given.
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Old 05-21-2008, 05:48 PM
john'smom john'smom is offline
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My son was first offender, but it didnot cut him any slack. find the Friendly DA post about first offender ( under 25 yrs of age). he was Vehicular Homicide and went through RSAt, which helped reduce his sentence by 6 monhts. Also try to get him in Work Release. It's where our loved ones need to be, they are not criminals.
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Old 05-22-2008, 06:13 AM
holdingon2 holdingon2 is offline
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My husband was given first offender, they didn't give him any slack either, actually they denied parole for a non-violent sentence. Now he's at a Transitional Center.
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Old 05-22-2008, 08:01 PM
YourFriendlyDA YourFriendlyDA is offline
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First offender treatment deals only with the conviction. It allows a person to say that they have not been convicted of a felony because there is no adjudication of guilt entered. If they complete the terms of the court's sentence it is cleared. If they violate they come back and face the full sentence. For example: D pleads guilty under first offender to 10 years to serve 2 years for agg assault balance probated. He serves 18 months and is paroled. After completing 5 years on probation he violates by picking up a DUI. He can be resentenced for up to 20 years without a trial - he would get credit for the time he served. First offender has great benefits, but its not to be taken lightly.

First offender treatment has no bearing at all on parole considerations. The fact that they have a clean record is considered, but the actual first offender treatment does not factor into the equation.

Parole timing is a bit of like glaring into a crystal ball. There is no real science to it. You can look at the grid they have posted and take a guess at how much time someone will serve, but it really will be a guess. If a TPM is posted on the website that is an estimate, but can (and likely will) move as it gets closer.
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Old 01-04-2012, 04:58 PM
keepthefaith24 keepthefaith24 is offline
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Are people who are convicted of vehicular homicide with DUI considered non-violent offenders? Also, if someone was sentenced to serve 6 years with this conviction, how much time would they actually serve? Thanks!
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Old 04-29-2013, 11:57 PM
haroldsenior haroldsenior is offline
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Default First Offender

I wish Georgia would put all of the information about First Offender into one location. The main code section dealing with it is 42-8-60. But then some other specific crimes will have their own little language thrown-in that makes them ineligible for First Offender, like the DUI law.

Here's what the 42-8-60 says are crimes that a person can't get First Offender treatment (and eventual discharge) for:

(d) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty or a plea of nolo contendere for:

(1) A serious violent felony as such term is defined in Code Section 17-10-6.1;

(2) A sexual offense as such term is defined in Code Section 17-10-6.2;

(3) Sexual exploitation of a minor as defined in Code Section 16-12-100;

(4) Electronically furnishing obscene material to a minor as defined in Code Section 16-12-100.1; or

(5) Computer pornography and child exploitation, as defined in Code Section 16-12-100.2."

THIS LIST doesn't say that DUI's aren't eligible.
But you'll find that in the DUI law itself, 40-6-391(f).
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