Family and friends of a local Georgia attorney reported him missing after he did not come home or contact anyone after a night out in East Atlanta Village.
Clayton County police identified the attorney after he was killed in a fatal crash. So far there are little details about the crash - officers and investigators are still attempting to understand the cause of the crash.
As a Georgia DUI Lawyer, I will outline the law behind vehicular homicide which is an offense that is always analyzed when there has been a deadly accident. Officers and investigators will attempt to piece together the facts and determine if anyone is criminally responsible for the attorney's death during the crash.
Vehicular Homicide in Georgia
Vehicular Homicide in Georgia is defined by the Georgia Code in O.C.G.A §40-6-393 in two separate degrees. A person will be charged with homicide by vehicle in the first degree when, 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 office, or leaving the scene of the accident.
Homicide by vehicle in the second degree occurs when death results due to a violation of any other statute other than the ones specified for homicide in the first degree.
So depending on the facts of the case as well as how it is charged, a count of vehicular homicide can either be a misdemeanor or a felony offense.
A first degree vehicular homicide conviction results in a prison term between three and fifteen years. Further, the crime will be deemed a felony. While a second degree vehicular homicide conviction results in penalties of a fine up to $1,000 or a prison term up to 12 months, or both.
Vehicular homicide is one of the most serious crimes in the state of Georgia. If you or a loved one has been arrested for a serious traffic crime, contact our offices now. We can help you with your case immediately.