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No Charges Filed in Georgia Pedestrian’s Death

Posted by Richard Lawson | Jan 03, 2020 | 0 Comments

According to reports out of Loganville, a pedestrian was killed while crossing the street outside of a crosswalk.

Even though no charges have been filed against the driver, as a Georgia DUI Lawyer, I will outline the law behind the offense that covers when a person has been killed by a vehicle in a criminal manner.

Vehicular Homicide in Georgia

Vehicular homicide in Georgia is divided into two degrees in the state of Georgia. First degree vehicular homicide is classified as a felony offense in Georgia. Meanwhile, second degree vehicular homicide is classified as a misdemeanor offense.

The law for first degree vehicular homicide is as follows:

Any person who, without malice aforethought, causes the death of another person through the violation of 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 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 death results from someone either driving under the influence, reckless driving, leaving the scene of an accident, illegal passing of a school bus, or fleeing or attempting to elude an officer, then an individual is guilty of vehicular homicide in the first degree.

If convicted of first degree vehicular homicide, then a person is facing up to fifteen years in prison.

The law for second degree vehicular homicide is as follows:

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 tif a death results from any other type of traffic violation such as speeding or failing to maintain lane, then an individual is guilty of vehicular homicide in the second degree.

If convicted of second degree vehicular homicide, then a person is facing up to 12 months in jail and up to $1,000 in fines.

Practice Note

Whenever a case involves the death of another human being, the case is horrific. The harsh reality is that just because there has been a death does not mean that another person is criminally liable or responsible for that death.

If you or a loved one has been arrested, contact our offices today.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!

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