Cobb County Driver Accused of DUI and Homicide by Vehicle

According to reports out of Cobb County, a driver has been accused of not only driving under the influence but of also causing a wreck that resulted in the death of another driver on I-20.

The incident happened early Sunday morning. Both drivers were taken to the hospital - however, unfortunately, the victim of the crash did not make it. The first driver is facing charges of:

• Homicide by Vehicle in Georgia
• Driving Under the Influence in Georgia
• Reckless Driving in Georgia
• Following Too Closely in Georgia

As a Georgia DUI Lawyer, I see serious DUI arrests like this quite often. Whenever a death or serious injury is involved - the situation is dark and horrible to all those involved. However, there are certain requirements by law that must be met in order for a driver to be held responsible for being the cause of the accident.

Homicide by Vehicle in Georgia

The Georgia Code defines Homicide by Vehicle in Georgia in O.C.G.A. §40-6-393 as:

(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

(b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.

(d) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary.

As you can see the law, the statute itself separates the offense of vehicular homicide into two separate degrees.

First degree vehicular homicide occurs when a death is the result of another driver committing any one of the following traffic violations: DUI, Unlawful Passing of a School Bus, Reckless Driving, Leaving the Scene of an Accident, or Fleeing or Attempting to Elude an Officer.

Second degree vehicular homicide, on the other hand, occurs when a death is the result of another driver committing any traffic violation not listed out by the law defining first degree vehicular homicide. These offenses can include but are not limited to: speeding, failure to maintain lane, following too closely, etc.

Practice Note

Vehicular homicide is one of the most serious crimes in the state of Georgia and definitely the most serious traffic violation. As a Georgia DUI Attorney, I handle all offenses related to DUI in Georgia - this includes vehicular homicide and serious injury by vehicle in Georgia.

Although these incidents may seem horrendous, there are situations in which drivers are not responsible yet are charged with these crimes regardless. If you or a loved one has been arrested, contact our offices now. We can help you today.