The Gwinnett County Police Department released a statement today that indicate that 63-year-old Samuel Perry has been charged with vehicular homicide in the second degree and failure to yield while making a left-hand turn.
Police said that Perry is aware of the charges, but they have not arrested him yet.
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These charges stem from an accident that occurred on Saturday, February 15, close to 7:30 p.m. in Dacula. 27-year-old Braetan Petraro was riding his motorcycle east on Braselton Highway. As he approached the intersection for Hamilton Creek Parkway he continued driving straight when a white Chevrolet Tahoe attempted to turn left in front of him.
The driver of the Tahoe was Perry. The Tahoe and the motorcycle collided. Petraro had to be rushed from the scene to a local hospital for the extensive injuries he sustained when the Tahoe collided with his motorcycle.
On Sunday, February 16, Petraro succumbed to the injuries he sustained in the accident.
The Gwinnett County Police Department did not release if Petraro was wearing a helmet at the time of the accident. It is a part of Georgia law that all motorcycle drivers and passengers must wear a helmet unless it falls under an exclusion section.
The excluded section of the law includes those who are riding in an enclosed cab, a motorized cart or if it is a three-wheeled motorcycle that is used for agricultural reasons only.
Perry’s second-degree vehicular homicide is a misdemeanor charge. Conviction of this charge can carry a sentence of up to a year in jail and a possible fine of up to $1000.
Second-degree vehicular homicide is a charge that is reserved for those accidents that were caused because of a traffic infraction. Perry was not impaired at the time of the accident and he was not recklessly driving.
At this time, there has not been any mention of if Perry has obtained legal counsel for the charges.