Blog

Georgia Driver Arrested After Death of Accident Victim

Posted by Richard Lawson | Aug 23, 2019 | 0 Comments

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.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense and Criminal Defense. As a former Prosecutor he knows both sides of your case. Put his experience to work for you. In DUI cases, you only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!

Menu