One Killed in Decatur Accident on I20

Posted by Richard Lawson | Apr 29, 2021 | 0 Comments

Decatur Police Department

Decatur, Ga. โ€“ A person was killed in a traffic accident earlier today. The wreck caused some serious delays and actually shut down I-20 E in DeKalb County.

The incident occurred near the Candler Road exit. One of the vehicles caught completely on fire and firefighters worked hard to calm the flames. So far no charges have been filed according to police. However, in today's post, I will outline the law behind one of the potential charges faced by the driver in this incident โ€“ vehicular homicide.

Vehicular Homicide

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. ยง40-6-393. 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.

Practice Note

Very often, vehicular homicide charges are seen in DUI cases. Usually, the underlying offense is reckless driving or DUI. If you or a loved one has been arrested for DUI in Decatur, call our offices now. A Decatur DUI Lawyer can help you today.

About the Author

Richard Lawson

Richard S. Lawson is passionate about intoxicated driving defense. Unlike some attorneys, Mr. Lawson devotes 100% of his legal practice to helping people stand up for their rights against DUI charges. For more than 20 years, Mr. Lawson has dutifully fought for his clients' freedom, resolving more 4,900 impaired driving cases during the course of his career. Today, Mr. Lawson has developed a reputation as a skilled negotiator and continues to help clients by fighting to keep them out of jail.

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