Georgia Driver Convicted This Week for 2018 Fatal Accident

Last year, as a Georgia DUI Lawyer, I covered a very sad story about a child who was killed as the result of an accident in Rockdale County.

The fatal accident occurred just a few days before Thanksgiving. The child and one of his friends were in the garage of a residence when a driver crashed into the garage. The crash killed one of the children and seriously injured the other.

The driver was convicted of driving under the influence as well as being responsible for the child's death. I will cover the law that encompasses when a person is responsible for the death of another human being while driving a car in the state of Georgia.

Vehicular Homicide in Georgia

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

First Degree Vehicular Homicide is defined as:

(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, Unlawful Passing of a School Bus, Reckless Driving, Leaving the Scene of an Accident, or Fleeing or Attempting to Elude a Police Officer.

Second Degree Vehicular Homicide is defined 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.

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, Failure to Maintain Lane, etc.

Practice Note

The defendant in the case above was convicted of vehicular homicide in the first degree and DUI in Georgia. Even though the facts of this case are horrendous, just because there has been a death or serious injury in an accident case does not mean that the other driver is criminally liable. If you or a loved one has been accused or arrested for some serious charges like DUI and any other related offense, please contact our offices now. We can help you with your case.