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Atlanta Vehicular Homicide Lawyer

In Georgia, you can be charged with 1st degree or 2nd degree vehicular homicide. 1st degree vehicular homicide is a felony, likely resulting in prison time. 2nd degree vehicular homicide is a misdemeanor. The statute regarding vehicular homicide in Georgia is O.C.G.A. 40-6-393 and can be viewed here.

Vehicular Homicide in the First Degree

Vehicular Homicide in the first degree is a felony offense in the state of Georgia. To be charged with 1st degree vehicular homicide you must cause the death of another by one of the following acts:

  • Meeting or Overtaking a School Bus - O.C.G.A. 40-6-163

  • Reckless Driving - O.C.G.A. 40-6-390

  • Driving Under the Influence (DUI) - O.C.G.A. 40-6-391

  • Fleeing or Attempting to Elude - O.C.G.A. 40-6-395

  • Hit and Run - O.C.G.A. 40-6-270

  • While Your License is Revoked Due to Being a Habitual Violator - O.C.G.A. 40-5-58

First Degree Vehicular Homicide is punishable by a sentence of 3 to 15 years.

Vehicular Homicide in the Second Degree

Vehicular Homicide in the Second Degree is a misdemeanor offense in the state of Georgia. To be charged with 2nd degree vehicular homicide you must cause the death of another by violating any other code section of Title 40, the Motor Vehicles and Traffic Title of the Official Code of Georgia Annotated.

You can be convicted of 2nd degree vehicular homicide without being found guilty of any other traffic violation.

In order to prove vehicular homicide, the State must prove a connection between the Defendant’s driving and violation of Title 40 and the victim’s death. This includes a “proximate cause” analysis which is a legal term which means “an act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred.” Proximate cause is not always a given just because there was an accident and a death. Proximate cause is a jury question under Georgia law. It is a complex legal standard that needs the investigation and assistance of an experienced metro Atlanta vehicular homicide attorney. If you believe you have a vehicular homicide issue or you have been arrested or charged with vehicular homicide in Georgia, feel free to reach out by call or text at 678-753-6431.