Driver Accused of Vehicular Homicide in Austell

Cobb County Courthouse

Austell, Ga. - According to reports out of Austell, a driver has been accused of speeding and causing a rollover crash that resulted in three fatalities.

After six months of investigation, Cobb County police have arrested the driver. He is facing charges of reckless driving, vehicular homicide, and failure to maintain lane.

As an Austell DUI Lawyer, I will outline the law behind the crime of vehicular homicide in today's post.

Vehicular Homicide in Georgia

Vehicular homicide defined by law in two different degrees. First degree vehicular homicide is only charged in conjunction with serious traffic offenses. Second degree vehicular homicide is charged with less serious traffic offenses.

First degree vehicular homicide is defined as:

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. 

Second degree vehicular homicide is defined as:

A person will be charged with homicide by vehicle in the second degree when death results due to a violation of any other statute other than the ones specified for homicide in the first degree. 

Second degree vehicular homicide is also referred to as misdemeanor-grade vehicular homicide. This 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.

First degree vehicular homicide is also referred to as felony-grade vehicular homicide. This type of 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

Vehicular homicide charges are often seen in conjunction with other serious traffic crimes such as DUI in Austell. If you or a loved one are facing such charges, contact our offices today. We can help you with your case now.