Suspect Surrendered in Austell Vehicular Homicide Case 4 Months Later

Cobb County Police

Austell, Ga. - As a Georgia DUI Lawyer, I wrote about a story four months ago as it made headlines. The story concerned the death of a 50-year-old man after he was hit on his motorcycle by a vehicle.

The suspect in the case turned himself in this past week on charges of second-degree vehicular homicide and failure to yield. According to reports, the victim died at the scene of the accident.

In today's post, I will walk through the law behind the offense of vehicular homicide. By law, there are two different degrees of vehicular homicide, and depending on the degree, there are very different consequences.

Vehicular Homicide in Georgia

Vehicular Homicide in Georgia is defined by the Georgia Code in O.C.G.A §40-6-393 in two separate degrees. 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. 

So depending on the facts of the case as well as how it is charged, a count of vehicular homicide can either be a misdemeanor or a felony offense.

A first degree vehicular homicide conviction results in a prison term between three and fifteen years. Further, the crime will be deemed a felony. While a second degree vehicular homicide conviction results in penalties of a fine up to $1,000 or a prison term up to 12 months, or both.  

Practice Note

Vehicular homicide is one of the most serious crimes in the state of Georgia. If you or a loved one has been arrested for a serious traffic crime, contact our offices now. We can help you with your case immediately.