Another Possible Georgia Vehicular Homicide

Martavious Parker was fatally hit by a car while crossing Rockbridge Road in DeKalb County last night. According to reports, Parker was walking home after his shift at work when a black sedan traveling eastbound hit him, and he suffered serious injuries and died as a result.

The incident was one of two deadly hit-and-runs reported within metro Atlanta in an eight-hour time span. Another pedestrian was struck and killed in Fulton County this morning. 

As a Georgia DUI Attorney, I'd like to focus on the offense of vehicular homicide.

There are two different degrees of Vehicular Homicide in Georgia.

First-Degree Vehicular Homicide in Georgia is defined as:

When a person, without malice aforethought, a death is caused by the person either unlawfully passing a school bus, reckless driving, fleeing or attempting to elude a police officer, or leaving the scene of the accident. O.C.G.A. §40-6-393.

Vehicular homicide in the first-degree is when a death results from any of the following offenses: 

• DUI in Georgia, 
• Reckless Driving in Georgia, 
• Unlawful Passing a School Bus in Georgia, 
• Fleeing or Attempting to Elude a Police Officer in Georgia, 
• And Hit and Run - Leaving the Scene of an Accident in Georgia.

A first-degree vehicular homicide conviction is classified as a felony in Georgia, which may include up to three to fifteen years in prison. 

However, if the accused person is a Habitual Violator in Georgia and his or her license has already been suspended or revoked, the penalty is higher if charged with first-degree vehicular homicide. The penalty can be elevated to five to twenty years in prison. 

So based on the present facts, unless the blood work comes back to the contrary, as long as alcohol or drugs were not involved in the present case, it will be considered a misdemeanor second-degree vehicular homicide.

Second-Degree Vehicular Homicide in Georgia is defined as:

When a death results due to a violation of any other statute other than the ones specified for homicide in the first degree. O.C.G.A. §40-6-393.

Vehicular homicide in the second-degree is when a death results from a violation of basic traffic laws. This is considered the second-degree homicide by vehicle mentioned in the statute above. Basic traffic law violations include the following offenses:

• Speeding in Georgia, 
• Failure to Maintain Lane in Georgia, 
• Following Too Closely in Georgia, etc. 

A second-degree vehicular homicide conviction is considered a misdemeanor in Georgia, which may include up to a year in jail and fines up to $1,000.

Practice Note

If you or a loved one has been charged with vehicular homicide in Georgia, contact a Georgia DUI Lawyer today. 

Vehicular homicide is a terrifying and horrible situation. The death of another person is always a life-altering experience - regardless of how it happens. The State will have to prove that the driver caused the death another through his or her actions - and the truth is that a death does not automatically mean that the accused driver is responsible. 

So far, DeKalb County's investigation has led them to believe that the sedan that hit and caused Parker's death was speeding. If this turns out to be true, and the prosecution can prove beyond the reasonable doubt that the alleged driver was speeding and that his or her speeding resulted in Parker's death, then he or she will be convicted of second-degree vehicular homicide.