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Vehicular Homicide in Georgia

 Vehicular Homicide Attorney | Atlanta Duluth Gwinnett GAVehicular Homicide or homicide by vehicle as it is known in Georgia statute, is defined as the unlawful killing of an individual using a motor vehicle and often accompanies additional charges like DWI and DUIMickey Roberts‘ firm has specialized and successfully tried cases involving traffic, DUI, and vehicular homicide charges since 1995.  

Felony Vehicular Homicide

In Georgia any person who causes the death of another person as a result of certain traffic violations commits the offense of Vehicular Homicide in the First Degree, which is a felony.

If a person commits the offenses of unlawful passing of a school bus, reckless driving, DUI or fleeing and eluding a police officer, and as a result thereof a person dies, that person is guilty of felony vehicular homicide and can be sentenced from 3 to 15 years in prison.

If a person causes an accident where someone dies, and leaves the scene of the accident,that person is guilty of vehicular homicide and can be sentenced from 3 to 15 years in prison.

To find a person guilty of felony vehicular homicide, the judge or jury must first find that the person committed one of the above predicate traffic offenses; then they must find that the person ‘s unlawful acts were the proximate cause of death.   License SuspensionIf convicted of felony vehicular homicide, a person’s driver’s license is suspended for 3 years, with no work permit available.  

Misdemeanor Vehicular Homicide

In Georgia any person who causes the death of another person as a result of traffic violations other than the felony predicate offenses commits the offense of Vehicular Homicide in the 2nd Degree; an example would be a person who runs a red light, striking another car and thereby causing the death of another person.   Vehicular Homicide in the 2nd Degree is a misdemeanor, which means that the person can be sentenced to a maximum of 12 months.   To find a person guilty of misdemeanor vehicular homicide, the judge or jury must first find that the person committed a traffic offense other than the felony vehicular homicide predicate offenses; then they must find that the person ‘s unlawful acts were the proximate cause of death.  

License SuspensionIf convicted of misdemeanor vehicular homicide, a person’s driver’s license is suspended for 120 days, with a work permit available.

  Feticide: Georgia also has a “Feticide by Vehicle” law. A person commits the offense of feticide by vehicle if he causes the death of an unborn child (defined as a member of the species homo sapiens at any stage of development who is carried in the womb). The elements and punishment for felony feticide by vehicle are the same as Felony vehicular homicide. The elements and punishment of misdemeanor feticide by vehicle are the same as Misdemeanor vehicular homicide.

Serious Injury by Vehicle

In Georgia any person who causes the serious injury to another person as a result of reckless driving or DUI commits the offense of Serious Injury by Vehicle, which is a felony, carrying a sentence from one to 15 years in prison. “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. As an example, a broken bone or stitches which cause scarring would be considered a “serious injury.” To find a person guilty of serious injury by vehicle, the judge or jury must first find that the person committed either Reckless driving or DUI; then they must find that the person ‘s unlawful acts were the proximate cause of serious injury.

License Suspension: If convicted of serious injury by vehicle, a person’s driver’s license is suspended for 3 years, with no work permit available.

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Disclaimer

The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.
Vehicular Homicide Attorney in Atlanta Duluth Gwinnett GA