According to reports out of Spalding County, a ten-year-old child was run over and killed this past week.
The driver was backing out of his driveway when he accidentally struck the child with his vehicle. The child was rushed to a regional medical center, but died upon arrival.
As of right now, no charges are expected to be pressed. However, if by chance that the investigation hints at the idea that the driver may have broken a traffic law, he may face some serious charges.
As a Georgia DUI Lawyer, I will outline the offense of second degree vehicular homicide in today's post.
Second Degree Vehicular Homicide in Georgia
Georgia law outlines the offense of vehicular homicide in Georgia by dividing the offense into two separate degrees. The charges faced by the truck driver in today's post include second degree vehicular homicide, so that is the part of the law I will focus on.
Second degree vehicular homicide is defined by the Georgia Code in O.C.G.A. §40-6-393 as:
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.
This law means that if a death is caused by any traffic violation other than:
- DUI in Georgia
- Reckless Driving in Georgia
- Unlawful Passing of a School Bus in Georgia
- Fleeing or Attempting to Elude an Officer in Georgia
- Or Leaving the Scene of an Accident in Georgia.
Essentially, if a death is the result of some other type of traffic violation such as speeding in Georgia or failure to maintain lane in Georgia, then the offense will be considered a misdemeanor.
Second degree vehicular homicide is classified as a misdemeanor in Georgia. That means that if convicted of second degree vehicular homicide then the penalty can include up to 12 months in prison and a fine up to $1000.
If you or a loved one is facing serious charges, please contact our offices today. A Georgia DUI Attorney can help you with all of your charges and walk you through the process every step of the way.