Lawrenceville, Ga. - Gwinnett County Police reported that a man was hit while crossing at the intersection of Buford Drive and Braves Drive on Tuesday night just after 10PM.
He was struck by an SUV, and according to police, the driver of the vehicle cooperated with them and is not facing charges.
However, if it is determined that the driver was DUI in Georgia or recklessly driving his vehicle, he could face very serious charges and be held criminally responsible for the death of the pedestrian.
As a Gwinnett County DUI Lawyer, I will outline the law behind the potential offense if the man is held responsible - vehicular homicide.
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 immediately if you or a loved one has been arrested for DUI and vehicular homicide. We can help you now.