Driver Causes Fatal Wreck in Buford

Gwinnett County Courthouse

Buford, Ga. – According to reports out of Gwinnett County, a driver has been accused of causing a fatal crash on Ga. 316.

Last week, he was allegedly driving on the highway going eastbound near Sugarloaf Parkway. He struck a post which caused the car to roll. The accident caused the deaths of both of the passengers in his vehicle.

He has been charged with DUI and two counts of first-degree vehicular homicide. He is being held at the Gwinnett County Jail.

As a Georgia DUI Lawyer, I will outline the law behind the offense of vehicular homicide in today's post.

Vehicular Homicide in Georgia

O.C.G.A. §40-6-393 defines vehicular homicide in Georgia in two different degrees.

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

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