According to reports just outside of the City of Atlanta, a motorcyclist was killed after being hit by and SUV on Ga. 120. As of right now, alcohol impairment does not seem to be a factor in this fatal crash.

However, if it is determined that alcohol impairment is after all is a factor in this case, then one of the drivers could be facing a charge of vehicular homicide. As an Atlanta DUI Attorney, I will outline the law behind vehicular homicide in today's post so as to provide a clearer outlook on the crime.

Vehicular Homicide in Atlanta

Vehicular homicide in Atlanta is defined by Georgia Law in O.C.G.A. §40-6-393 which divides the offense into 1st and 2nd degree vehicular homicide.

1st degree vehicular homicide is legally 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, subsection (b) of Code Section 40-6-270 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.

This means that if a driver causes the death of another through the commission of any of the following offenses then he or she is facing a charge of 1st degree vehicular homicide. These offenses include: DUI, Unlawful Passing of a School Bus, Reckless Driving, Leaving the Scene of an Accident, and Fleeing or Attempting to Elude an Officer.

1st degree vehicular homicide is a felony. The penalty for a 1st degree vehicular homicide conviction can include up to fifteen years in prison.

2nd degree vehicular homicide is legally 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 can include: speeding, failure to maintain lane, illegal passing, etc. If the alleged traffic violation is not outline in the first degree vehicular homicide statute, then a person is most likely facing a charge of 2nd degree vehicular homicide.

Second degree vehicular homicide is classified as a misdemeanor offense. The penalty for a second degree vehicular homicide conviction can include up to twelve months in jail as well as fines up to $1,000.

Practice Note

Serious traffic violations should be handled with great care. Only an Atlanta DUI Defense Attorney should attempt to represent a defendant who has been accused of DUI or vehicular homicide or anything of the sort.

If you or a loved one is facing a serious traffic violation, contact our offices now.