Casey Hunter was recently sentenced for causing a crash in February 2017 that killed a young woman. She was convicted of first-degree vehicular homicide in addition to driving while license suspended, no proof of insurance and having an altered tag.
According to the Cobb County DA, the judge on the case sentenced Hunter to prison for 15 years with three years of probation after she serves her sentence.
The reports say that her license was suspended in 2000 for a DUI charge, and that she ran a red light, which caused the crash that caused the other driver's death.
Georgia law defines vehicular homicide in Georgia by separating the offense into two different degrees.
1. First-degree vehicular homicide in Georgia is defined by O.C.G.A. §40-6-393 (a-b) as when, without malice aforethought, a death is caused by the person either:
- Unlawful passing a school bus
- Reckless driving
- Fleeing or attempting to elude a police officer
- Hit and Run - Leaving the scene of the accident
The penalty for a conviction of first-degree homicide is considered a felony.
However, the penalties vary for first-degree vehicular homicide. A conviction can include between three to fifteen years in prison.
However, if the convicted person has been declared a Habitual Violator in Georgia or if his or her license is suspended or revoked then the punishment for conviction of first-degree vehicular homicide is elevated to a prison sentence of five to twenty years. (O.C.G.A. §40-6-393 (d)).
2. Second-degree vehicular homicide in Georgia is defined by O.C.G.A. §40-6-393 (c) is as when a death results due to a violation of any other statute other than the ones specified for homicide by vehicle in the first degree. (O.C.G.A. §40-6-393 (c)).
These violations are basic traffic violations such as:
The penalty for second-degree vehicular homicide is considered a misdemeanor.
A conviction can include a fine up to $1,000, up to 12 months in jail, or both.
It's important to note that a death alone does not mean that the driver is necessarily responsible for that death. The State must prove that the driver is responsible beyond a reasonable doubt and that he or she caused the death of another. If you or a loved one has been charged with vehicular homicide and an underlying DUI charge, you need a Georgia DUI Lawyer who is capable of not assuming your guilt. Contact us today.