According to reports off of I-75 this morning, a pedestrian was struck by a vehicle and killed. The accident resulted in four hours of road closures and gridlock into the city of Atlanta.
So far very few details have been released regarding the fatal accident, but as a Georgia DUI Lawyer, I will cover the law that covers the offense of death by vehicle - or vehicular homicide just in case the death was the result of a serious or moderate traffic violation.
Vehicular Homicide in Georgia
Georgia law defines vehicular homicide in Georgia by separating the offense into two different degrees. First degree vehicular homicide is classified as a felony offense, while second degree vehicular homicide is classified as a misdemeanor.
First degree vehicular homicide is defined by law as:
Any person who, without malice aforethought, causes the death of another person through: reckless driving, driving under the influence, unlawful passing of a school bus, fleeing or attempting to elude police, or leaving the scene of an accident commits the offense of homicide by vehicle in the first degree.
Second degree vehicular homicide is defined by law as:
Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than those include under the first degree statute, commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death.
If convicted of first degree vehicular homicide, then a person is facing a penalty of up to
And if convicted of second degree vehicular homicide, then a person is facing a penalty of up to 12 months in jail as well fines up to $1,000.
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