Driver Charged with Vehicular Homicide in Roswell

Roswell Courthouse

Roswell, Ga. - According to the Roswell Police Department, an older driver was charged with second degree vehicular homicide after allegedly failing to yield while turning left and causing a fatal accident.

The collision involved the driver's vehicle and a man riding a motorcycle. A police officer reported that the motorcyclist was heading north on Alpharetta Highway. The other driver allegedly turned left from Commerce Parkway and directly into the path of the motorcycle. This resulted in the collision. Authorities arrived to the scene and discovered the motorcyclist thrown from his bike and unresponsive. He ultimately died at the scene of the accident.

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

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

As I mentioned above, vehicular homicide is one of the most serious crimes in the state of Georgia. Call our offices now if you or someone you know is in need of legal assistance.