Atlanta, Ga. - According to reports outside of the City of Atlanta, a teenage passenger of a vehicle was killed in a car crash.
The fatal car crash occurred over this past weekend in Cherokee County. The collision happened right off of I-75. The news release stated: “Preliminary indications are that the driver of the truck was impaired. The Cherokee Sheriff's Office Traffic Enforcement Unit is investigating the accident. No charges have been filed at this time.”
Charges still remain to be filed. However, as an Atlanta DUI Lawyer, I will outline the law behind the crime of vehicular homicide in today's post.
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. We can help you now.