Doraville Accident Results in Child’s Fatality

DeKalb County Courthouse

Doraville, Ga. – A fatal accident was reported in Doraville. The at-fault driver has been accused of leaving the scene of the accident that resulted in the death of a 12-year-old girl.

DeKalb County police arrested the driver for leaving the scene of the accident, vehicular homicide, and acquiring a license plate for the purpose of concealing identification of a motor vehicle.

As a DeKalb County DUI Lawyer, I will outline the law behind the offense of vehicular homicide.

Vehicular Homicide

Georgia law O.C.G.A. §40-6-393 outlines the degrees 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.

Practice Note

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