Georgia Man Arrested for Homicide by Vehicle 9 Months After Accident

According to reports out of Forsyth County, Sean Campbell has been arrested for homicide by vehicle ninth months after an elderly woman was killed in a head on collision off of Jot Em Down Road.

The investigation shows that he is facing charges of homicide by vehicle in the first degree as well as reckless driving in Georgia.

As a Georgia DUI Lawyer, I will outline the offense of homicide by vehicle in today's post.

Homicide by Vehicle in Georgia

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

First degree homicide by vehicle 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 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

Second degree homicide by vehicle 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 in Georgia
• Failure to Maintain Lane in Georgia
• Illegal Passing in Georgia
• Following Too Closely in Georgia

Practice Note

Homicide by vehicle is a very serious offense - one of the most serious crimes in the state of Georgia. The reality is that not everyone is accused of committing homicide by vehicle is guilty or responsible for the death of the person involved in the accident.

If you or a loved one has been arrested, contact a Georgia DUI Attorney today.