Fatal Accident Reported in Sandy Springs

Sandy Springs Courthouse

Sandy Springs, Ga. – A serious accident was followed by another serious accident when a driver involved in the first incident got out of his vehicle on Georgia 400. According to officers, the man was struck and killed by another driver passing by the first accident.

Police reported that the man got out of his vehicle and was walking in the same lane where the first accident occurred. The driver of the vehicle that struck the man stayed at the scene to speak with officers. No charges have been filed yet.

However, as a Georgia DUI Lawyer, I will focus today's post on the offense of vehicular homicide as charges will be filed against the second driver if it is determined that the death of the man was caused by his commission of a traffic violation.

Vehicular Homicide in Georgia

Vehicular Homicide in Georgia is defined by O.C.G.A. §40-6-393. The statute outlines two different degrees of vehicular homicide based on the initial traffic offense committed which leads to the death of another person.

(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.

(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.

To put it simply: first degree vehicular homicide occurs when a person commits the offense of unlawfully passing a school bus, reckless driving, fleeing or attempting to elude law enforcement, driving under the influence, or leaving the scene of an accident and the death of another person occurs as a result. While, second degree vehicular homicide occurs when a person causes the death of another by committing any other type of traffic violation such as following too closely, failure to maintain lane, etc.

First degree vehicular homicide is classified as a felony offense and can be penalized by up to 15 years in prison. Second degree vehicular homicide is classified as a misdemeanor offense and can be penalized by up to 12 months in jail.

Practice Note

Vehicular homicide charges are often seen in cases involving charges of DUI in Georgia. If you or a loved one has been arrested for DUI, call our offices now. We can help you today.