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Sandy Springs Driver Arrested for DUI and Vehicular Homicide

Posted by Richard Lawson | Jul 17, 2019 | 0 Comments

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:

(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:

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.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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