Atlanta, Ga. - According to reports out of Downtown Atlanta, a driver has been arrested for causing the collision that resulted in the deaths of two other individuals.
The crash happened on July 5th on Andrew Young International Boulevard. The incident started allegedly at a RaceTrac location on Piedmont Avenue. The suspect then sped from the station and allegedly ran through a light at the intersection of Andrew Young. That resulted in a crash with another vehicle. The driver and one of his passengers were pronounced dead at the scene of the collision.
Authorities arrested the suspect and charged him with both reckless driving and two counts of first-degree vehicular homicide. As an Atlanta DUI Lawyer, I will go through the law behind the offense of vehicular homicide as it applies in the state of Georgia.
Under Georgia Law, one of the most severe charges anyone can face is vehicular homicide. The degrees of vehicular homicide are laid out in O.C.G.A. §40-6-393. Vehicular homicide in the first degree will be charged with a person, without malice aforethought, causes the death of another person by either unlawfully passing a school bus, fleeing or attempting to elude a police officer, reckless driving, or leaving the scene of an accident. Vehicular homicide is in the second degree when it occurs due to a violation of any statute other than the ones specifically mention for vehicular homicide in the first degree.
In Georgia, vehicular homicide can be a felony or a misdemeanor. Vehicular homicide is considered a misdemeanor when death occurs because of a violation of a basic traffic law such as speeding, following too closely, or failure to maintain lane. Conviction of a misdemeanor vehicular homicide can result in up to one year in jail. However, vehicular homicide is considered a felony when death occurs as the result of a D.U.I. or reckless driving. If convicted, a felony vehicular homicide may lead to a 15 years prison sentence.
Whether or not the driver acted maliciously during the commission of the crime is irrelevant. The only thing a judge will consider is whether the driver violated traffic laws.
Charges for DUI in Atlanta are also commonly seen in vehicular homicide cases. If you or a loved one is facing a DUI or any type of DUI related offense, call our offices today.