Police in College Park are searching for a driver that has been accused of causing a fatal hit and run accident on Roosevelt Highway on Friday morning.
No names have been released as of right now. According to reports, a pedestrian was attempting to cross the road when he was hit by an unknown driver. Anyone with any information about the accident has been asked to come forward.
As a Georgia DUI Lawyer, I have handled all types of traffic cases including the obvious DUI in Georgia but also vehicular homicide. Vehicular homicide is a very serious traffic offense and so is hit and run in Georgia.
Any case that involves the death of a human being is a horrific case. However, the reality is that just because someone dies does not mean that another person is necessarily responsible. If the driver is not responsible for the accident, then the driver did not commit vehicular homicide.
In today's post I will outline the law behind vehicular homicide in Georgia.
Vehicular Homicide in Georgia
Vehicular homicide in Georgia is defined by law as two separate degrees. The Georgia Code outlines both of the degrees in O.C.G.A. §40-6-393.
- First Degree Vehicular Homicide: 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.
- Second Degree Vehicular Homicide: A person will be charged with homicide by vehicle in the second degree when a death results due to a violation of any other statute other than the ones specified for homicide in the first degree.
The two degrees of vehicular homicide are treated and classified very differently.
Generally second degree vehicular homicide is classified as a misdemeanor. Misdemeanor-grade vehicular homicide happens when a death is the result of a violation of basic traffic laws. A misdemeanor vehicular homicide conviction includes a penalty of up to 12 months in jail and a fine up to $1,000.
On the other hand, first degree vehicular homicide is classified as a felony. Felony-grade vehicular homicide charge occurs when a death is the result of DUI or reckless driving or any of the other offenses listed in the statute above. Convictions of felony-grade vehicular homicide may warrant up to 15 years in prison.
Vehicular homicide is the most horrific traffic violation that a person can be accused of in Georgia. No matter what the death of another human is a horrible thing to have to witness, experience, or deal with.
As a firm focused solely on Georgia DUI Defense - we handle serious cases like this all the time. We know that an accusation is not the same thing as a conviction. Contact our offices today.
A Georgia DUI Attorney can help you with your case.