Cumming Teenager Dies from Hit and Run

Forsyth County Courthouse

Cumming, Ga. - As a Georgia DUI Lawyer, I covered a story over the weekend about how a thirteen-year-old boy had been struck by a vehicle while walking on the sidewalk of Kelly Mill Road with his father.

The boy was flown to Children's Healthcare of Atlanta with what were reported as life-threatening injuries. The boy lost his life over the weekend. The suspected driver has been arrested and is being held in custody by authorities. The driver is facing charges of:

• DUI in Georgia
• Reckless Driving in Georgia
• Hit and Run in Georgia
• Vehicular Homicide in Georgia
• And Driving Too Fast for Conditions in Georgia.

In today's post, I will outline the law behind the most serious of the charges - vehicular homicide and how the law is related to driving under the influence charges.

Vehicular Homicide and DUI in Georgia

Georgia law O.C.G.A. §40-6-393 outlines the degrees of homicide by vehicle. 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 for a DUI or a DUI related offense.