Driver Arrested in Connection to Fatal Accident in North Georgia

A driver from Illinois has been arrested for a fatal accident that occurred in Hall County on March 11.

According to investigators, the driver has been accused of failing to yield when making a left turn which resulted in a horrific collision with a man on a motorcycle. As of right now, the driver is facing charges of second degree vehicular homicide and failure to yield. However, as you will see in the law laid out below, she may be facing even more serious charges if authorities determine that she might have been driving under the influence in Georgia or committing the offense of reckless driving in Georgia.

As a Georgia DUI Attorney, I am very aware of just how confusing DUI Law in the state of Georgia can be. Especially to those who are not familiar with legal jargon or the judicial system. In today's post, I will outline the two different degrees of vehicular homicide in Georgia so as to better show the difference between the two offenses.

Vehicular Homicide in Georgia

Vehicular Homicide is defined by the Georgia Code in O.C.G.A. §40-6-393 which divides the offense into two separate degrees. The law is as follows:

(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.

This means that if a person causes the death of another through the commission of any of the following offenses then he or she is guilty of vehicular homicide in the first degree. These offenses include:

• DUI in Georgia
• Unlawful Passing of a School Bus in Georgia
• Reckless Driving in Georgia
• Leaving the Scene of an Accident in Georgia
• Fleeing or Attempting to Elude an Officer in Georgia

(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.

This means that if a person causes the death of another through the commission of a traffic violation other than those listed in the first section of the law above, then he or she is guilty of vehicular homicide in the second degree. Some examples of offenses are:

• Speeding in Georgia
• Failure to Maintain Lane in Georgia
• Illegal Passing in Georgia
• Following Too Closely in Georgia

Practice Note

Vehicular homicide in Georgia is one of the most serious crimes in the state. The crime itself is very difficult to approach and defend if the representing attorney is unfamiliar with how the law works. Knowing what can be done is essential in this type of case.

If you or a loved one has been arrested for a crime such as vehicular homicide, call our offices today. We have over 50 years of combined experience in criminal defense and specializing in DUI Law. Call now.