William Bartula is facing a slew of charges after allegedly causing a crash earlier this month that resulted in the death of motorcyclist, William Lunsford in Cherokee County.
Lunsford died from his injuries on August 22nd.
Bartula was allegedly making a left turn into a store parking lot and failed to yield properly. He has been charged with second-degree vehicular homicide among other traffic violations.
As a Georgia DUI Lawyer, I am familiar with serious traffic violations such as vehicular homicide in Georgia. In today's post, I will focus on the two different degrees of vehicular homicide according to Georgia law.
First Degree Vehicular Homicide in Georgia
Georgia law outlines First-Degree Vehicular Homicide in Georgia as:
When a person, 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 officer, or leaving the scene of the accident. O.C.G.A. §40-6-393.
Vehicular homicide in the first-degree is when a death results from any of the following criminal offenses:
- DUI in Georgia,
- Reckless Driving in Georgia,
- Unlawful Passing a School Bus in Georgia,
- Fleeing or Attempting to Elude a Police Officer in Georgia,
- And Hit and Run - Leaving the Scene of an Accident in Georgia.
First-degree vehicular homicide is considered a felony in Georgia, which may include up to three to fifteen years in prison.
Second Degree Vehicular Homicide in Georgia
Georgia law outlines Second-Degree Vehicular Homicide in Georgia as:
When a death results due to a violation of any other statute other than the ones specified for homicide in the first degree. O.C.G.A. §40-6-393.
Vehicular homicide in the second-degree is when a death results from a violation of basic traffic laws. Basic traffic law violations include but are not limited to:
Second-degree vehicular homicide is considered a misdemeanor in Georgia, which may include up to a year in jail and fines up to $1,000.