Fatal Wreck Reported in Fairburn

Reports over the weekend stated that a fatal wreck occurred on Friday morning in Fairburn on US 29. According to those reports, a middle aged woman was killed as a result of the accident. The driver of the other vehicle involved in the accident has been hospitalized with serious injuries.

Even though the Georgia State Patrol is still investigating, as a Georgia DUI Lawyer, I will outline one of the potential charges that could come up from this fatal incident - vehicular homicide.

Vehicular Homicide in Georgia

Georgia Law outlines two degrees of vehicular homicide in Georgia in O.C.G.A. §40-6-393.

First degree vehicular homicide is defined as:

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. 

Second degree vehicular homicide is defined as:

A person will be charged with homicide by vehicle in the second degree when death results due to a violation of any other statute other than the ones specified for homicide in the first degree. 

Second degree vehicular homicide is also referred to as misdemeanor-grade vehicular homicide. This happens when a death is the result of a violation of basic traffic laws. Conviction of a misdemeanor vehicular homicide charge may warrant a sentence from a Georgia judge up to one year.

First degree vehicular homicide is also referred to as felony-grade vehicular homicide. This type of charge occurs when a death is the result of DUI or reckless driving. Convictions of felony-grade vehicular homicide may warrant up to 15 years in prison.

Practice Note

There are many serious traffic violations that can result in years of prison time. If you or a loved one has been arrested as a result of traffic violation, contact our offices now.