Teenager in Georgia Hits Pedestrian in Gainesville

According to reports out of Gainesville, a local teenager hit a pedestrian with his car last week. As of right now, the teenager is not facing any charges, but the investigation is still ongoing. Authorities are requesting anyone who knows anything or saw the accident to call in.

As a Georgia DUI Lawyer, I will outline the offense of vehicular homicide in today's post, as if it is found that the teenager had responsibility in the death of the pedestrian by breaking a traffic law, then he will be facing charges.

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.

First degree vehicular homicide is defined 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.

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, Unlawful Passing of a School Bus, Reckless Driving, Hit and Run, or Fleeing an Officer.

Second degree vehicular homicide is defined as:

(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 that might lead to a charge of second degree vehicular homicide include: speeding, failing to maintain a lane, illegal passing, or following too closely.

Practice Note

The different between first and second degree vehicular homicide is substantial. If you or a loved one has been arrested, contact a Georgia DUI Attorney today.