Last month, I filled you in on the ins and outs of felony vehicular homicide. To recap, determining felony vehicular homicide depends largely on the traffic violations committed, including reckless driving, DUI, fleeing/eluding, and leaving the scene of the accident. Generally, if found guilty of felony vehicular homicide in Georgia, you can expect a punishment of 3 to 15 years in prison, though habitual violators can face up to 20 years.
As a seasoned traffic and DUI lawyer in Georgia, I have experience in defending cases involving other facets of vehicular homicide outside of felony, including misdemeanor, feticide, and serious injury crashes. All of these classifications have varying implications, but all involve a driver’s actions as the proximate cause of death or cause of serious injury. Vehicular homicide in the 2nd Degree is known as a misdemeanor. In Georgia, any person who causes the death of another person as a result of traffic violations other than the felony predicate offenses commits this offense.
For example, if you were to run a red light, crash into another car, and cause the death of another person, it would be classified as vehicular homicide in the 2nd Degree. To be found guilty of misdemeanor vehicular homicide, the judge or jury is required to find that the person committed a traffic offense other than the felony vehicular homicide predicate offenses. Subsequently, it must be found that the person’s unlawful acts were the proximate cause of death. For this offense, you can be sentenced to a maximum of 12 months.
Another aspect of vehicular homicide is feticide by vehicle. The elements and punishment for felony feticide by vehicle are the same as felony vehicular homicide, with the same rule applying to misdemeanor vehicular homicide. Feticide by vehicle is defined as causing the death of an unborn child, at any stage of development that is carried in the womb, within a car crash.
Lastly, any person who brings about serious injury to another person as a result of reckless driving or DUI commits the offense of serious injury by vehicle. “Serious injury” is defined as “depriving a person of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage, which renders the body or any member thereof useless.” In order to be found guilty of serious injury by vehicle, the judge or jury must find that the person committed either reckless driving or DUI. Subsequently, they must find that the person’s unlawful acts were the proximate cause of serious injury. This offense is a felony that comes with a sentence from one to 15 years in prison. If convicted of serious injury by vehicle, the person will face 3 years of driver’s license suspension, no work permit available.
Navigating the various facets of vehicular homicide and serious injury crashes can be daunting and often times confusing. If you find yourself in any of the situations described, I urge you to contact a professional to aid in your case. To contact a reputable lawyer in Georgia, contact me, Mickey Roberts. Be sure to follow me on Facebook, Twitter, and Google+ for traffic law updates and news.