Georgia Student Hit and Killed by Car While Waiting for School Bus

Authorities are still investigating the scene and the cause of a fatal wreck involving a high school student this past week.

According to reports, 14-year-old Jermaine Wallace was hit by a car before school on Friday morning on Donald Lee Hollowell Parkway. The driver remained at the scene according to police. Police have not released any information regarding the driver and whether or not charges will be filed.

As a Georgia DUI Lawyer, it is important for me to note that if charges are filed, then the driver could be facing some serious felony charges. In today's post I will outline the offense of vehicular homicide as it could be one of the charges faced by the unidentified driver in the story above.

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, Unlawful Passing of a School Bus, Reckless Driving, Leaving the Scene of an Accident, or 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: improper lane change, speeding, failure to maintain lane, following too closely, etc.

Practice Note

Vehicular homicide is one of the most serious charges a person can be accused of in the state of Georgia. If you or a loved one has been accused of a serious traffic violation, contact our offices today. We can help you now.