David Davis has been accused of causing the death of motorcyclist, Loyd Ash, as a result of a crash involving his homemade trailer.
According to reports, he turned left in front of Ash's motorcycle and allegedly hit him with his trailer.
Davis was arrested on charges of vehicular homicide as well as failure to yield when turning left. And as a Georgia DUI Lawyer, I will outline the offense of vehicular homicide in today's post. It is one of the most serious offenses you can commit under Georgia Law. The law itself is complicated, so let me clarify the statute below.
Vehicular Homicide in Georgia
Georgia Law defines vehicular homicide in Georgia in two separate degrees in O.C.G.A. §40-6-393.
1st Degree Vehicular Homicide occurs when, without malice aforethought, a death is caused by the person either unlawfully passing a school bus, reckless driving, fleeing or attempting to elude a police office, or leaving the scene of the accident.Â
2nd Degree Vehicular Homicide occurs when death results due to a violation of any other statute other than the ones specified for homicide in the first degree. This is the offense that Reardon has pleaded guilty to this past week.
Misdemeanor vehicular homicide happens when a death is the result of a violation of basic traffic laws. Conviction of a misdemeanor vehicular homicide can result in up to 12 months in jail and fines up to $1,000.
Felony vehicular homicide happens most of the time when a death is the result of DUI in Georgia or Reckless Driving in Georgia, or any other offense listed out in the statute above. Conviction of a felony vehicular homicide may warrant up to 15 years in prison.
Practice Note
Any time a death is involved in a traffic accident, the situation is tragic regardless of the circumstances. If you or a loved one has been arrested for a serious traffic violation, contact our offices today. A Georgia DUI Attorney is here to help you now.
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