Lilburn, Ga. - According to reports out of Lilburn, a motorcyclist and his passenger were involved in a very serious collision. The collision led to the death of the motorcyclist and the serious injury of his passenger.
The collision occurred as a result of a vehicle turning in front of the motorcycle. However, no citations or charges have been filed in the case against the driver. Both the motorcycle and the vehicle were impounded and taken in for further investigation.
As a Gwinnett County DUI Lawyer, I will outline the law behind vehicular homicide in today's post as it is possible that if the driver is found to have been breaking any traffic laws, he could be facing a charge of vehicular homicide for the ultimate death of the motorcyclist in this case.
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.
Call our offices now if you or a loved one has been arrested in the state of Georgia for a serious traffic crime such as DUI in Georgia. We can help you with your case today.