First Traffic Fatality of 2019 in Gwinnett County

Gwinnett County experienced the county's first traffic-based death of the new year. The crash happened in Tucker, one of the drivers died and the other was badly injured.

As of right now, no charges have been filed, but as a Georgia DUI Lawyer, I will outline the offense of vehicular homicide in Georgia so as to provide a better understanding if any negligence is found on behalf of the driver.

Vehicular Homicide in Georgia

The Georgia Code defines vehicular homicide in Georgia by separating it into two degrees.

First degree vehicular homicide is a felony offense. First degree vehicular homicide is defined by the Georgia Code as:

When a person, 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 officer, or leaving the scene of the accident. O.C.G.A. §40-6-393.

Therefore, the offense of vehicular homicide in the first degree occurs if a death results from any of the following traffic offenses:

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

The penalty for a first degree homicide conviction can include up to three to fifteen years in prison. 

Second degree vehicular homicide is defined as when a death results from any other traffic violation not mentioned in the first degree statute.

Therefore, the offense of vehicular homicide in the second degree occurs if a death results from any of the following traffic offenses:

• Failure to Maintain Lane in Georgia
• Illegal Left Turn in Georgia
• Speeding in Georgia, etc.

This list is not extensive. As I mentioned before, it can be any traffic offense that is not listed out by the first degree vehicular homicide statute.

Second degree vehicular homicide is classified as a misdemeanor. The penalty can include up to 12 months in jail and a fine up to $1,000.

Practice Note

When most people think of traffic violations, they do not consider how seriously the charges can actually be. If you or a loved one has been charged with a serious traffic violation, contact our offices today. A Georgia DUI Attorney can help you today.