Possible DUI Vehicular Homicide in Gwinnett County

Gwinnett County experienced a roadway tragedy this past weekend. According to reports, there was a terrible T-bone accident which resulted in the death of one of the passengers. The accused driver is in critical condition at a local hospital as of Monday.

Investigators believe that both speeding and driving under the influence might be contributing factors. As a Georgia DUI Lawyer, I will outline the offense of vehicular homicide in today's post.

Vehicular Homicide in Georgia

Vehicular Homicide in Georgia is defined by the Georgia Code in O.C.G.A. §40-6-393 as:

(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, 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.

(b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 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.

(c) 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.

(d) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary.

As you can see the law, the statute itself separates the offense of vehicular homicide into two separate degrees.

First degree vehicular homicide occurs when a death is the result of another driver committing any of the following offenses:

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

Second degree vehicular homicide, on the other hand, occurs when a death is the result of another driver committing any traffic violation not listed out by the law defining first degree vehicular homicide. These offenses can include:

• Speeding in Georgia
• Failure to Maintain Lane in Georgia
• Illegal Passing in Georgia
• Following Too Closely in Georgia

Practice Note

Whenever a death is concerned, the situation is both horrible and shocking. There is a search for answers. However, if it is determined that an accused driver is not guilty of an initial traffic violation, then the person may or may not be responsible for the offense of vehicular homicide.

If you or a loved one has been accused of a serious traffic violation, contact our offices today. A Georgia DUI Attorney can help you today.