Fatal Georgia Hit and Run Suspect Arrested

According to reports out of DeKalb County, the suspect accused of hitting and killing a pedestrian with his vehicle has been apprehended and arrested. 

Quentin Brazell was arrested on charges of hit and run and first degree vehicular homicide. As a Georgia DUI Lawyer, I handle all types of serious traffic violation cases including any related offenses. In today's post, I will outline the law behind first degree vehicular homicide.

First Degree Vehicular Homicide in Georgia

First degree vehicular homicide is one of the most serious offenses that a person can be accused of committing in the state of Georgia.

Vehicular homicide in Georgia is defined in the Georgia Code in O.C.G.A. §40-6-393. Simply put - vehicular homicide is when a death results from some sort of traffic violation. The law divides the offense into two different degrees. As first degree vehicular homicide is the focus of  the story above, I will outline the law behind that offense below.

First degree vehicular homicide is defined by the law as:

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.

This means that if a person causes the death of another through the commission of any of the following offenses then he or she is guilty of vehicular homicide in the first degree. These offenses include:

• DUI in Georgia
• Unlawful Passing of a School Bus in Georgia
• Reckless Driving in Georgia
• Leaving the Scene of an Accident in Georgia
• Fleeing or Attempting to Elude an Officer in Georgia

Vehicular homicide in the second degree is defined in the next part of the law as:

(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.

Practice Note

Brazil is facing first degree vehicular homicide charges as the result of the hit and run he has been accused of committing that resulted in the death of a pedestrian. As always - just because a person has been arrested or accused of a crime does not mean that a person is guilty of committing that offense.

If you or a loved one has been accused of committing a serious traffic related offense, contact a Georgia DUI Attorney today.