Possible Charges the Day After Fatal Crash in Georgia

A 17-year-old may be facing charges after a crash in Cherokee County that resulted in the death of another teenager and the serious injury of three others. All of the teenagers were students at Creekview High School. 

Right now, investigators are looking into the cause of the accident which includes toxicology reports and results from the driver. According to reports, the teenagers were traveling down a back road around 2:00pm when the driver seemed to lose control of the vehicle and lost control crashing into an embankment.

As a Georgia DUI Attorney, I will describe the law behind vehicular homicide in Georgia. 

Vehicular Homicide in Georgia

Vehicular Homicide in Georgia is separated into two different degrees by O.C.G.A. §40-6-393.

First-degree vehicular homicide is defined as:

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:

• Unlawful Passing of a School Bus in Georgia
• Reckless Driving in Georgia
• Fleeing or Attempting to Elude a Police Officer in Georgia
• DUI in Georgia 
• Leaving the Scene of the Accident in Georgia. 

A conviction for first degree vehicular homicide is classified as a felony offense and includes a prison term between three and fifteen years. 

Second-degree vehicular homicide is defined as:

A person will be charged with homicide by vehicle in the second degree when, without malice aforethought, a death is caused by the person committing any other traffic violation not listed out by first-degree vehicular homicide. 

A conviction for second degree vehicular homicide is classified as a misdemeanor and carries penalties of a fine up to $1,000 or a prison term up to 12 months, or both.  

Practice Note

As a Georgia DUI Lawyer, I often handle cases as horrific as the one mentioned above. Any case where a death or a serious injury is involved is traumatic and overwhelming. 

If you or a loved one has been accused of being the cause of a serious traffic offense, contact our offices today.