Georgia Driver Arrested After Death of Accident Victim

Ricky Bradford was critically injured in a crash at the end of last month.

According to reports, Bradford has died, and the driver suspected of causing the wreck faces homicide and other charges in Cobb County.

As a Georgia DUI Lawyer, I will outline one of the most serious offenses in the state of Georgia - vehicular homicide. There are two different degrees of vehicular homicide as cited by law. I will go over both degrees in today's post.

Vehicular Homicide in Georgia

Vehicular Homicide in Georgia is defined in the Georgia Code in O.C.G.A. §40-6-393. 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

Depending on the other charges that the driver is facing - they could be facing either a first or second degree vehicular homicide charge. This means either a felony or misdemeanor.

If you or a loved one is facing a serious traffic charge, contact a Georgia DUI Attorney now.