Austell Driver Arrested for Vehicular Homicide

Cobb County Courthouse

Austell, Ga. - Cobb County officers arrested a driver who allegedly drove 77 MPH in heavy rain and caused a fatal accident. He was arrested on charges of reckless driving and vehicular homicide.

The arrest warrant stated: “The vehicle lost traction on the roadway, causing the stability control to activate; the vehicle began to spin, left the roadway to the east, collided with and destroyed a Cobb Transit Service bus shelter on the sidewalk, as well as a male subject who was inside the bus shelter at that time.”

As a Georgia DUI Lawyer, I will outline the law behind the offense of vehicular homicide in today's post.

Vehicular Homicide in Georgia

Georgia law O.C.G.A. §40-6-393 outlines the degrees of vehicular homicide in Georgia. A person will be charged with homicide by vehicle in the first degree when, 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 office, or leaving the scene of the accident. Homicide by vehicle in the second degree occurs when death results due to a violation of any other statute other than the ones specified for homicide in the first degree. 

First degree vehicular homicide is regarded as felony-grade vehicular homicide charge occurs when a death is the result of DUI or reckless driving. Convictions of felony-grade vehicular homicide may warrant up to 15 years in prison. 

In addition to penalties decided by a judge, the offender could also face a civil suit brought on by the victim's family. In a civil suit, the judge could award damages such as pain and suffering or loss of company to the victim's family. 

Furthermore, homicide by vehicle convictions can have long-term consequences. A felony conviction can make finding employment difficult as well as precluding the victim from practicing in certain professions such as teaching, the medical field, and other areas. The conviction will appear during background checks and can also affect obtaining housing or credit.

Practice Note

Call our offices now if you have been arrested in Georgia.