A woman from West Palm Beach, Florida faces several serious charges after a DUI wreck in Lumpkin County, Georgia. According to the Georgia State Patrol, Tiffany Grub, 24, was driving down State Route 400 near Whelchel Road on the evening of August 22, 2018. While driving, she lost control of her car.
She was driving a 1997 Toyota 4Runner at the time of the accident. The vehicle rolled over several times. Inside the car were Grubs's two children, 4-year-old Jah'Ziya Glover and 2-year-old De'Jean Glover. Neither child was properly restrained when the accident occurred, and both children were killed as a result. Grubb was intoxicated at the time of the accident and was driving on a suspended license.
She has been charged by Georgia prosecutors with:
- two counts of first-degree vehicular homicide,
- driving under the influence(DUI) of alcohol,
- two counts of endangering a child under the age of 14 while driving under the influence of alcohol,
- failure to maintain lane, and
- driving with a suspended license.
These are serious charges in Georgia, and each charge carries serious penalties, including prison time, high fines, and loss of the right to drive. While each of the offenses happened at the same time, there is a possibility that a Georgia court could sentence Grubb to the sentences consecutively, meaning served one right after the other.
If you or someone you care for faces similar charges and has been arrested for DUI in Georgia, an experienced Gwinnett County DUI attorney can defend your case and protect your rights.
The Doctrine of Merger
Merger is a criminal doctrine that holds when multiple crimes are committed through a single act, then the lesser of the multiple offenses will merge into one. This means that while a person may be convicted of multiple offenses, the offenses can "merge" for the purposes of sentencing. The alleged offender will then only receive one sentence for multiple convictions.
In certain cases, merger will not apply. Certain crimes do not merge under Georgia law, and depending on the facts of your unique case they may not merge. An experienced DUI defense attorney can argue that merger applies at sentencing to protect you from multiple sentences.
Consecutive Sentences v. Concurrent Sentences
If you are convicted of multiple crimes that do not merge, you will be given a sentence for every crime. The judge in your case then has a choice: concurrent or consecutive.
Concurrent sentences are run at the same time. If you receive one year each for two convictions, run concurrently, you will only actually serve one year in jail.
Consecutive sentences are run one after another. That means if you receive one year each for two convictions, you will actually serve two years in jail.
Your attorney can argue against consecutive sentences to prevent more time spent in jail or prison.
Consult a Gwinnett County DUI Attorney
As a result of a DUI arrest, you could face extremely serious charges, especially if another person is injured or killed as a result of an accident. Remember, just because you are arrested does not mean that you are guilty of a crime.