Georgia Driver Charged with Vehicular Homicide for Wreck Resulting in Teenager’s Death

A 21-year-old driver has been charged with vehicular homicide after allegedly causing a wreck with an 18-year-old motorcyclist.

The crash ended in the motorcyclist's death. According to officers reporting at the scene, the driver failed to yield which led to the collision. The motorcyclist was thrown from his bike during the wreck.

As a Georgia DUI Lawyer, it is of the utmost importance to me to point out that any offense that results in the death of another human being is devastating. However, just because another driver was involved or charged in the event of a fatal accident does not mean that he or she is criminally responsible for that death.

In today's post, I will outline the offense of vehicular homicide in Georgia and show the legal requirements for the offense itself.

Vehicular Homicide in Georgia

Vehicular Homicide is defined by the Georgia Code in O.C.G.A. §40-6-393 which divides the offense into two separate degrees. The law is as follows:

(a) 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

(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.

This means that if a person causes the death of another through the commission of a traffic violation other than those listed in the first section of the law above, then he or she is guilty of vehicular homicide in the second degree. Some examples of offenses are:

• Speeding in Georgia
• Failure to Maintain Lane in Georgia
• Illegal Passing in Georgia
• Following Too Closely in Georgia

Practice Note

Call our offices today if you or a loved one has been arrested for a serious crime in the state of Georgia. We can help you now.