Fatal Car Crash Leads to Serious Investigation in Cobb County

Police are still investigating a crash that occurred yesterday afternoon on the East-West Connector in Cobb County.

According to reports, only one vehicle was involved. There was only one person in the vehicle, and when police arrived, the individual was fatally injured as a result of the crash.

As a Georgia DUI Lawyer, I handle cases ranging from DUI in Georgia all the way to vehicular homicide in Georgia. People are usually unaware of how strict Georgia's laws are regarding our roadways. In today's post, I will outline the law behind vehicular homicide as well as the penalties faced if convicted.

Vehicular Homicide in Georgia

Vehicular homicide is divided into two degrees in the state of Georgia. First degree vehicular homicide is classified as a felony offense in Georgia. Meanwhile, second degree vehicular homicide is classified as a misdemeanor offense.

The law for first degree vehicular homicide is as follows:

Any person who, without malice aforethought, causes the death of another person through the violation of 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 first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

This means that if a death results from someone either driving under the influence, reckless driving, leaving the scene of an accident, illegal passing of a school bus, or fleeing or attempting to elude an officer, then an individual is guilty of vehicular homicide in the first degree.

If convicted of first degree vehicular homicide, then a person is facing up to fifteen years in prison.

The law for second degree vehicular homicide is as follows:

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.

This means that tif a death results from any other type of traffic violation such as speeding or failing to maintain lane, then an individual is guilty of vehicular homicide in the second degree.

If convicted of second degree vehicular homicide, then a person is facing up to 12 months in jail and up to $1,000 in fines.

Practice Note

Any case that involves a death is horrible and shocking. No one should have to deal with cases like this, but, unfortunately, these events do happen.

Ultimately, just because a person dies does not mean, however, that another person is directly responsible for that death. Remember - no one is to be automatically assumed guilty.

If you or a loved one has been arrested, contact a Georgia DUI Attorney today. We can help you now.