Atlanta, Ga. - According to reports out of Atlanta, a car crash resulted in the death of a three-month old baby and the serious injury of her father.
Typically when a person is involved in a car crash that results in a death, charges of vehicular homicide are applicable. However, there are situations where a car is intentionally used to cause another person's death or serious bodily injury. Investigators believe that the driver of the other vehicle intentionally struck the victim's vehicle. The other driver was reportedly the baby's mother. She has been detained by police.
As an Atlanta DUI Lawyer, I will outline the offense of vehicular homicide in today's post so as to show what the offense actually constitutes. It varies greatly from other homicide offenses in the state of Georgia such as murder or voluntary manslaughter.
Georgia law O.C.G.A. §40-6-393 outlines the degrees of homicide by vehicle. 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.
Vehicular homicide charges stem from charges of DUI in Atlanta as you can see above or other serious traffic offenses. If you have been arrested or accused of driving under the influence, contact our offices now.