Vehicular Homicide Conviction After Acworth Crash

Cobb County Courthouse

Acworth, Ga. - According to the Cobb County District Attorney's Office, a driver has been convicted of vehicular homicide and sentenced to one year in jail as a result.

The accident occurred after the convicted driver allegedly fell asleep and veered into a lane of oncoming traffic on Dallas-Acworth Highway. He hit another vehicle head-on killing the driver.

As an Acworth DUI Lawyer, I will outline one of the offenses that the driver has been convicted of - vehicular homicide in the state of Georgia. Usually, vehicular homicide is seen alongside charges of DUI in Acworth. However, as you will see in the law below as well in the above case, there are other offenses that can lead to vehicular homicide charges.

Vehicular Homicide

Georgia law O.C.G.A. §40-6-393 outlines the degrees 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.

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