Georgia Driver Charged with Second Degree Vehicular Homicide

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:

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

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

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