Gainesville, Ga. - Authorities in Gainesville arrested an alleged DUI driver from this past weekend. The driver allegedly caused a single-vehicle-crash that resulted in the death of the passenger in his vehicle.
According to the police reports, the driver was heading northbound on Thompson Bridge Road when he lost control of his vehicle. The car spun out and went down an embankment. His passenger was thrown from the vehicle and was found dead at the scene.
Officers have accused the driver of being under the influence. He is facing nine charges including:
- Vehicular Homicide in Georgia
- DUI in Georgia
- Speeding in Georgia
- Failure to Maintain Lane in Georgia
- Reckless Driving in Georgia
- Open Container in Georgia
As a Georgia DUI Lawyer, I will outline the law behind the most serious of the offenses faced by the driver - vehicular homicide.
Vehicular Homicide in Georgia
Vehicular homicide 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.
Call our offices now if you or a loved one has been accused of committing a serious traffic crime. We can help you now.