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In the Interest of A. L. S.
Citations: 261 Ga. App. 778; 584 S.E.2d 27; 2003 Ga. App. LEXIS 767Docket: A03A0098
Court: Court of Appeals of Georgia; June 19, 2003; Georgia; State Appellate Court
A. L. S., a minor, was adjudicated delinquent for actions that could have led to charges of driving on the wrong side of the road and second degree vehicular homicide if tried as an adult. She appeals on two grounds: (1) the juvenile court improperly reopened the case to allow the State to introduce additional evidence after resting its case and after A. L. S. moved for a directed verdict; and (2) the evidence was insufficient to support a delinquency finding for second degree vehicular homicide. The court affirms the lower court's decision, noting that the evidence indicated A. L. S. drove from the southbound lane into the northbound lane, colliding with the victim's truck, which led to the victim's serious injuries and eventual death. Although the State initially failed to establish a causal link between the accident and the victim's death, they later presented a certified copy of the death certificate after reopening the case, which the court deemed permissible. The appellate court found no abuse of discretion in the juvenile court's actions. Furthermore, the evidence was adequate to support the finding of delinquency related to second degree vehicular homicide. In juvenile proceedings involving criminal charges, the standard of proof is beyond a reasonable doubt, consistent with adult criminal proceedings. Under OCGA 40-6-393 (b), a person commits second degree vehicular homicide if they unintentionally cause another's death by violating specific traffic provisions. In this case, A. L. S. caused the victim's death by improperly driving on the wrong side of the road, violating OCGA 40-6-40. The evidence was sufficient to establish delinquency for an act that qualifies as second degree vehicular homicide. Criminal negligence can be established through unintentional violations of motor safety laws when such actions foreseeably pose a risk of death or injury to others. The judgment in this case was affirmed, with concurrence from the Chief Justice and Presiding Judge.