Georgia Driver Facing Charges of Second Degree Vehicular Homicide After Fatal Wreck

A young female driver has been charged with second-degree vehicular homicide relating to a wreck that occurred last week in Gwinnett County.

Authorities have reported that the wreck occurred as a result of the driver's failure to yield while turning left. The driver's vehicle collided with a motorcycle. The rider was thrown from his motorcycle into the road. Everything is still currently under investigation.

As a Georgia DUI Lawyer, I handle cases from single charges of DUI in Georgia ranging all the way to charges of vehicular homicide. Vehicular homicide is one of the most serious charges that a person can face in the state of Georgia.

In today's post, I will outline the offense of vehicular homicide in Georgia as it is stated by law.

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. 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, Reckless Driving, Unlawful Passing of a School Bus, Leaving the Scene of an Accident, and Fleeing the Police.

(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 Obey a Traffic Control Device, etc.

Practice Note

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