Atlanta, Ga. – Officers with the Atlanta Police Department have reported that a pedestrian was killed after being struck by a vehicle in the area of the Buford Highway Connector and Sidney Marcus Boulevard.
The accident was reported as occurring at 1:50PM in broad daylight. However, the driver of the vehicle ran from the scene. The driver allegedly struck the pedestrian with his vehicle and then left the pedestrian pinned underneath it.
The driver has been located and arrested by APD.
As an Atlanta DUI Attorney, I will outline one of the charges faced by the driver – vehicular homicide.
Vehicular Homicide
Georgia law O.C.G.A. §40-6-393 defines and outlines vehicular homicide in various sections. The law states:
A person will be charged with first-degree vehicular homicide when, without malice aforethought, a death is caused by the person either unlawfully passing a school bus, reckless driving, fleeing or attempting to elude a police officer, or leaving the scene of the accident.
Second-degree vehicular homicide occurs when death results due to a violation of any other statute other than the ones specified for homicide in the first degree.
In simple terms, second-degree vehicular homicide happens when a death is the result of a violation of basic traffic laws. Conviction of a misdemeanor vehicular homicide charge may warrant a sentence from a Georgia judge up to one year. An example of how this can happen is a death as a result of a speeding violation, failure to maintain lane, or following too closely. If someone is unfortunately killed as a result of regular traffic offenses, they can be charged with misdemeanor vehicular homicide.
First-degree vehicular homicide charge occurs when a death is the result of DUI or reckless driving. Convictions of felony-grade vehicular homicide may warrant up to 15 years in prison.
Practice Note
If you or a loved one has been arrested in connection with a serious traffic offense or DUI related violation – call our offices now. We can help you with your case today and determine the next right action for you.
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