Sandy Springs Driver Arrested for DUI and Vehicular Homicide

A horrible accident made local headlines this morning when a woman was arrested for DUI and vehicular homicide.

According to reports, a woman driving a sedan hit a young man riding a bicycle on Roswell Road in Sandy Springs. The woman was taken into custody, and the man was pronounced dead at the scene of the accident.

As a Georgia DUI Lawyer, I will give an overlook of the law behind vehicular homicide in today's post. There are two different levels of vehicular homicide, and it is important to understand the law as well as the consequences faced if convicted.

Vehicular Homicide in Georgia

Vehicular Homicide in Georgia is defined by the Georgia Code in O.C.G.A. §40-6-393 which divides the offense into two separate degrees. The law is as follows:

(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.

This means that if a person causes the death of another through the commission of any of the following offenses then he or she is guilty of vehicular homicide in the first degree. These offenses include:

• 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

(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.

This means that if a person causes the death of another through the commission of a traffic violation other than those listed in the first section of the law above, then he or she is guilty of vehicular homicide in the second degree. Some examples of offenses are:

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

Practice Note

As you can see from the law there is a significant difference between the penalties for first and second degree vehicular homicide. First degree vehicular homicide is classified as a felony offense, while second degree vehicular homicide is classified as a misdemeanor offense.

Regardless of the circumstances, whenever a situation involves a death, the consequences are horrific. If you or a loved one has been arrested for vehicular homicide or another type of serious traffic violation, contact our offices today.