I knocked someone down: criminal case against the driver: what to do under Georgian law

What to do

1. Threshold: the severity of harm according to the forensic medical examination. A crime is a traffic-rule violation that caused harm to health of at least medium severity; minor harm is an administrative offence: Administrative Offences Code of Georgia (AOC) (CC Art. 276). Driving under the influence with minor harm: fine of GEL 2,000 and deprivation of the right to drive for 3 years (AOC Art. 116). Challenge the degree of harm and causation (behaviour of the pedestrian, visibility) with a vehicle-technical expert examination.
2. Penalty by harm and intoxication: medium harm: fine, house arrest or up to 3 years (CC Art. 276); while intoxicated: 2–5 years (CC Art. 276); grave harm: fine or 3–5 years; while intoxicated: 4–6 years (CC Art. 276); death: 4–7 years (CC Art. 276); death while intoxicated: 6–9 years; two or more deaths: 6–10 years, while intoxicated 8–12 years (CC Art. 276). Without a collision: driving under drugs is a crime in itself (CC Art. 276). Driving rights: deprivation of the right to drive when the offence is committed under alcohol (CC Art. 276).
3. Intoxication: check the procedure. After an alcohol test, there are 2 hours to undergo a clinical and laboratory check or blood test (AOC Art. 116). Drug intoxication is established by clinical and laboratory conclusions; if the person refuses the laboratory test, only the clinical conclusion applies (CC Art. 276).
4. Stay at the scene and call for help: failure to render aid to a person in a life-threatening condition is a separate crime (CC Art. 129). Give testimony only with a lawyer present.
5. Reconciliation does not end the case. What works: the court especially takes into account the effort to compensate the harm and to reconcile with the victim (CC Art. 53); diversion (termination upon compensation of damage and other conditions) for less serious and grave crimes is decided by the prosecutor (CPC Art. 168¹); a negligent crime with a punishment over five years is grave, up to five years is less grave (CC Art. 12); for a negligent crime, a conditional sentence is possible upon recognition of guilt (CC Art. 63); plea agreement. Harm is still recovered: the vehicle owner compensates harm from death, injury or health impairment (Civil Code of Georgia (CivC) Art. 999).
6. Where to apply: MIA investigator and prosecutor; magistrate judge or district court; expert examinations (including an alternative examination at the defence's motion); lawyer.
7. Evidence: accident scheme, video, forensic medical and vehicle-technical examinations, intoxication test results, witnesses, proof of payments.
8. Traps: leaving the scene or not calling for help; hoping that “reconciliation” with the family will end the case; missing the deadline for a repeat intoxication check.

Be sure to check

• criminal liability for traffic violations starting from medium-severity harm; minor harm is administrative
• penalties by severity of harm and a sharp increase when intoxicated; deprivation of the right to drive
• compensation of harm as mitigation and a path to diversion or a conditional sentence, but reconciliation alone does not end the case
• expert examinations (severity of harm, vehicle-technical, intoxication) as the key to the defence