Sandy Springs, Ga. - According to Sandy Springs Police, a woman on a moped was struck by a vehicle on I-285 this past week.
The collision occurred near New Northside Drive on I-285 E. She was reportedly illegally riding her moped on the interstate when another driver came up behind her in a vehicle. He struck the woman on the moped. Both drivers remained at the scene. The woman died later of her injuries.
Although both drivers remained at the scene, the incident is still under investigation and charges are possible. As a Georgia DUI Lawyer, I will outline the law behind vehicular homicide as it is a possible charge.
Vehicular Homicide in Georgia
Georgia law O.C.G.A. §40-6-393 outlines the degrees of vehicular homicide in Georgia. 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.
First degree vehicular homicide is regarded as felony-grade vehicular homicide charge occurs when a death is the result of DUI or reckless driving. Convictions of felony-grade vehicular homicide may warrant up to 15 years in prison.
In addition to penalties decided by a judge, the offender could also face a civil suit brought on by the victim's family. In a civil suit, the judge could award damages such as pain and suffering or loss of company to the victim's family.
Furthermore, homicide by vehicle convictions can have long-term consequences. A felony conviction can make finding employment difficult as well as precluding the victim from practicing in certain professions such as teaching, the medical field, and other areas. The conviction will appear during background checks and can also affect obtaining housing or credit.
If you or a loved one has been arrested for a serious traffic violation such as DUI in Georgia, call our offices now.