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Driver’s Death Reported on Interstate 75 in Marietta

Posted by Richard Lawson | Sep 12, 2020 | 0 Comments

Cobb County Courthouse

Marietta, Ga. - Two vehicles were involved in a crash on Interstate 75 going southbound in Marietta.

According to reports, the crash happened at the entrance ramp to the Delk Road exit. Marietta Police Officers stated that an SUV collided with a sprinter van. The SUV then left the road and hit a concrete bridge pillar. The SUV then caught fire. Officers were able to remove the driver from the vehicle, however, he died later at the hospital.

Officers are still investigating the crash. However, as a Georgia DUI Lawyer, I will outline the law behind the offense of vehicular homicide in the state of Georgia as it is a possible charge in the incident above.

Vehicular Homicide in Georgia

Georgia law O.C.G.A. §40-6-393 outlines the degrees of vehicular homicide in Georgia. 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 today if you are facing serious traffic offenses in the state of Georgia. We can help you now.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:

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