Comedian Killed in Traffic Related Fatality in California

According to reports out of Los Angeles, the famous comedian Orson Bean was hit by a vehicle this past week and killed.

The incident is still being investigated. He was allegedly walking through a neighborhood when he was clipped by a vehicle and then hit by a second vehicle.

Even though this incident occurred in California, we have laws that encompass offenses like this in the state of Georgia if any criminal act was found to be committed. In today's post, as a Georgia DUI Attorney, I will outline the law behind the offense of vehicular homicide.

Vehicular Homicide in Georgia

Georgia Law outlines two degrees of vehicular homicide in Georgia in O.C.G.A. §40-6-393.

First degree vehicular homicide is defined as:

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. 

Second degree vehicular homicide is defined as:

A person will be charged with homicide by vehicle in the second degree when death results due to a violation of any other statute other than the ones specified for homicide in the first degree. 

Second degree vehicular homicide is also referred to as misdemeanor-grade vehicular homicide. This happens when a death is the result of a violation of basic traffic laws. Conviction of a misdemeanor vehicular homicide charge may warrant a sentence from a Georgia judge up to one year.

First degree vehicular homicide is also referred to as felony-grade vehicular homicide. This type of 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.

Practice Note

There are many serious traffic violations that can result in years of prison time. If you or a loved one has been arrested as a result of traffic violation, contact our offices now.