Marietta, Ga. - According to reports out of Marietta, a man was struck and killed on Interstate 75 near the Delk Road exit. He was allegedly walking across the interstate when he was struck by an oncoming vehicle.
The accident is still under investigation. However, as a Marietta DUI Lawyer, I will focus on the potential charges which could be vehicular homicide. Vehicular homicide is seen in conjunction with charges for DUI in Marietta quite often. See the law and explanation below.
Georgia law O.C.G.A. §40-6-393 outlines the law behind the offense of vehicular homicide. A person will be charged with homicide by vehicle in the first degree 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 office, or leaving the scene of the accident. Homicide by vehicle in the second degree occurs when death results due to a violation of any other statute other than the ones specified for homicide in the first degree.
First degree vehicular homicide is regarded as felony-grade 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.
In addition to penalties decided by a judge, the offender could also face a civil suit brought on by the victim's family. In a civil suit, the judge could award damages such as pain and suffering or loss of company to the victim's family.
Furthermore, homicide by vehicle convictions can have long-term consequences. A felony conviction can make finding employment difficult as well as precluding the victim from practicing in certain professions such as teaching, the medical field, and other areas. The conviction will appear during background checks and can also affect obtaining housing or credit.
Call our offices today if you are facing serious traffic offenses in the state of Georgia.