Atlanta, Ga. - According to reports out of North Atlanta, a pedestrian was struck and killed on Georgia 400 early this morning.
Witnesses stated that a person driving a small sedan hit the pedestrian somewhere near Spalding Drive. Police are searching for a vehicle with severe front-end damage.
As an Atlanta DUI Lawyer, both the offenses here - hit and run as well as vehicular homicide - are common in cases involving DUI in Atlanta. I will cover the law behind the offense of vehicular homicide in today's post.
Vehicular Homicide is defined by the Georgia Code in O.C.G.A §40-6-393 in two separate degrees. 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.
So depending on the facts of the case as well as how it is charged, a count of vehicular homicide can either be a misdemeanor or a felony offense.
A first degree vehicular homicide conviction results in a prison term between three and fifteen years. Further, the crime will be deemed a felony. While a second degree vehicular homicide conviction results in penalties of a fine up to $1,000 or a prison term up to 12 months, or both.
Any incident that claims the life of another human being should be handled with the utmost care, respect, and seriousness. If you or a loved one have received a serious traffic situation such as those mentioned above or have been arrested in a serious alcohol or drug related case, call our offices today. We can help you now.