Georgia Man Killed in Head on Collision

According to reports out of Marietta, a 71-year-old driver, David Miller, was killed after a head on collision with a wrecker truck on Cobb Parkway.

As a Georgia DUI Lawyer, I will review the law that encompasses vehicular homicide in today's post. This is solely to show what the driver might be facing if further investigation shows that he may be criminally responsible for the death of the other driver.

Vehicular Homicide in Georgia

By law, vehicular homicide in Georgia is defined in the Georgia Code in O.C.G.A. §40-6-393. Vehicular homicide is when a death results from some sort of traffic violation. The law divides the offense into vehicular homicide in the first degree and vehicular homicide in the second degree. I will outline both degrees below.

Vehicular homicide in the first degree is defined in the first part of the law as:

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

Vehicular homicide in the second degree is defined in the next part of the law 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

Just because a death occurred does not mean that the truck driver in the story above is guilty of vehicular homicide. However, if it is found that he was DUI in Georgia or Reckless Driving in Georgia, then he could be facing some serious consequences.

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