Can a driver be charged with criminal trespass for accidentally hitting somebody's mailbox while driving? Georgia law says that a trespass is something you do on purpose, so how can it be treated as a trespass?
Printable View
Can a driver be charged with criminal trespass for accidentally hitting somebody's mailbox while driving? Georgia law says that a trespass is something you do on purpose, so how can it be treated as a trespass?
The defendant may be able to get the charge dismissed, and should consult a lawyer in relation to that goal.
The prosecutor may be looking at such evidence as past conflicts between the driver and the owner of the mailbox, statements made by the driver after the incident, or observations of witnesses, to support a position that the action was intentional. The prosecutor may also be overcharging based upon an impression that the driver was impaired. But we're guessing -- a lawyer can review the actual police report to find out the basis for the inference of intent.