Georgia Driver Accused of DUI and First Degree Vehicular Homicide After Pedestrian’s Death in Atlanta

Jamilia Clark was arrested in Fulton County on Sunday night on charges of DUI and vehicular homicide. According to the investigators' reports, she was driving on MLK Drive when she drove her car off the road, hit a utility pole, and hit a pedestrian. 

Clark is facing charges of:

• Failure to Maintain Lane in Georgia
• No Proof of Insurance in Georgia
• DUI in Georgia
• Vehicular Homicide in Georgia

Clark has been taken to the Fulton County jail.

Vehicular Homicide in Georgia 

Georgia law outlines the offense by breaking it down into two degrees. Clark has been charged with first-degree vehicular homicide, so as a Georgia DUI Lawyer, I will analyze the law behind this offense in today's post. 

The Georgia Code defines First-Degree Vehicular Homicide in Georgia 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.

Simply put, vehicular homicide in the first-degree is when a death results from any of the following criminal 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
• Hit and Run - Leaving the Scene of an Accident in Georgia

First-degree vehicular homicide is classified as a felony in Georgia, which may include up to three to fifteen years in prison. 

Practice Note

No matter the cause, the death of another human being is terrible and shocking. An accusation of vehicular homicide leads people to determine an accused person's guilt. However, no one should be assumed guilty because they have been accused of a crime. 

A death resulting from a car accident does not automatically mean guilt of the accused driver. The state of Georgia has the burden of proving Clark guilty beyond a reasonable doubt. 

If you or a loved one has been charged with crimes similar to those faced by Clark, contact a Georgia DUI Attorney today. We can investigate your case and determine the best course of action and which Georgia DUI Defenses apply.