Fatal Accident Reported in Cobb County on Christmas Day

According to reports out of Cobb, a local woman was struck and killed by an SUV as she was crossing a busy road.

The fatal accident occurred yesterday evening and no charges have been filed as of right now. Anyone with information has been asked to call Cobb County authorities.

As a Georgia DUI Lawyer, I will go through the various elements of the law behind vehicular homicide in today's post. As of right now, the collision is still under investigation and no charges have been filed.

Vehicular Homicide in Georgia

Vehicular Homicide in Georgia is defined by the Georgia Code in O.C.G.A §40-6-393 in two separate degrees. 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. 

So depending on the facts of the case as well as how it is charged, a count of vehicular homicide can either be a misdemeanor or a felony offense.

A first degree vehicular homicide conviction results in a prison term between three and fifteen years. Further, the crime will be deemed a felony. While a second degree vehicular homicide conviction results in penalties of a fine up to $1,000 or a prison term up to 12 months, or both.  

Practice Note

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