Former NBA star Mookie Blaylock has been charged with Vehicular Homicide in Atlanta, Georgia following an accident where his car crossed the center line and collided head on with another vehicle.  Vehicular Homicide charges in Georgia are similar to Vehicular Manslaughter here in Missouri.  The charges were brought by the proseuctor’s office despite no drugs or alochol were found in Blaylock’s system during initial toxicology tests. It appears that Blaylock may have had a seizure type event while driving his car, and that event lead to the accident.

The Clayton County, Georgia prosecutor has said that there are no mitigating factors despite Blaylock’s sober driving. The thoery of prosecution seems to focus around Blaylock’s history of seizuire type events, and that he should not have been driving a vehicle at all. Although there are many facts still to be learned in this case there are reports of at least one prior seizure type event of an unknown cause suffered by Blaylock several months prior to the accident.

The most commonly used charge for Vehicular Manslaughter in Missouri requires intoxication, whether by drugs, alcohol, or a combination of the two. However, the general statute for Involuntary Manslaughter could be applied in Blaylock’s case, if Blaylock’s case had taken place in Missouri. Involuntary Manslaughter in Missouri only requires that a suspect recklessly causes the death of another person. In Blaylock’s case, if he knew he had a medical condition that could cause him to lose control of his vehilcle, then that could be enough for Involuntary Manslaughter. Either way, this case will not be easy for either the prosecution or the defense, and it will be interesting to watch it play out in court.

– Our firm is experienced in handling all issues involving DWI cases and Vehicular Manslaughter cases in and around the St. Louis area. For more information please see our DWI page and our Vehicular Manslaughter page.

Source: www.sbnation.com, “Mookie Blaylock Charged with Vehicular Homicide,” Mark Sandritter, June 3, 2013