Georgia Driver Charged with Second Degree Vehicular Homicide

Posted by Richard Lawson | Feb 20, 2020 | 0 Comments

According to reports out of Gwinnett County, a man is facing a charge of second degree vehicular homicide after he allegedly hit a motorcyclist on Braselton Highway.

The investigation shows that it was a result of the driver's failure to yield. As a Georgia DUI Attorney, I will outline the differences between first and second degree vehicular homicide in today's post.

The Difference Between First and Second Degree Vehicular Homicide

Georgia law outlines the offense of vehicular homicide in Georgia by dividing the offense into two separate degrees. The charges faced by the truck driver in today's post include second degree vehicular homicide, so that is the part of the law I will focus on.

Second degree vehicular homicide is defined by the Georgia Code in O.C.G.A. §40-6-393 as:

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.

This law means that if a death is caused by any traffic violation other than:

Essentially, if a death is the result of some other type of traffic violation such as speeding in Georgia or failure to maintain lane in Georgia, then the offense will be considered a misdemeanor.

Second degree vehicular homicide is classified as a misdemeanor in Georgia. That means that if convicted of second degree vehicular homicide then the penalty can include up to 12 months in prison and a fine up to $1000.

Practice Note

Call our offices now if you or a loved one has been arrested for a DUI related offense.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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!