Fatal Marietta Collision Deemed Vehicular Homicide

Cobb County Superior Court

Marietta, Ga. – Cobb County authorities have deemed a fatal crash that occurred in February an act of vehicular homicide.

The incident remained under investigation until this past week. Officers arrested one of the drivers involved on charges of:

• Vehicular Homicide in Georgia
• DUI in Georgia
• Reckless Driving in Georgia

Investigators believe that the arrested driver was traveling on Sandy Plains Road at over 70 MPH. He was allegedly tailgating and weaving in and out of lanes according to witnesses. At some point, near the intersection of Davis Road, another driver attempted to turn in front of him. This led to a horrible collision.

The driver of the turning vehicle was rushed from the scene by ambulance but later died from his injuries. News outlets have reported that the arrested driver's BAC was over .21.

As a Georgia DUI Lawyer, I will outline how the offenses of DUI and Vehicular Homicide are intertwined by law.

DUI and Vehicular Homicide

Most Georgia DUI cases are classified as misdemeanors.  However, there are exceptions, usually when an alleged DUI results in the serious injury or death of another individual. Under Georgia DUI law, if you cause another person bodily harm while driving under the influence of alcohol or drugs or by driving recklessly you can be charged with serious injury by vehicle in Georgia. If you cause the death of another person while driving under the influence, reckless driving, fleeing the police, unlawfully passing a school bus, or leaving the scene of an accident, you can be charged with vehicular homicide in Georgia.

So, on top of Georgia DUI Penalties, there are more serious penalties for crimes such as vehicular homicide. If convicted of vehicular homicide, then a person is facing a felony and therefore prison time and elevated fines.

Just as with any other traffic violation, these charges are used as additional support for the State's claim that the driver was less safe to drive.

Furthermore, if a driver's involvement in a car accident leads to a DUI in Georgia, then the suspension period of his or her Georgia Driver's License. If convicted of three mandatory suspendable offenses within a five-year period, then the driver will be declared a habitual violator.  Some of the predicate offenses are DUI, Serious Injury by Vehicle, and Hit and Run. Any person declared as a habitual violator will have his or her driver's license revoked for five years. 

Practice Note

If you or a loved one has been arrested for a serious traffic violation such as DUI, vehicular homicide, or serious injury by vehicle, then call our offices today. Our firm has been handling cases involving these types of charges for decades.

No matter how hopeless the case, there are always potential defenses. No one is just automatically guilty of DUI. We are here 24 hours a day. Call now.