If you or a loved one has been charged with vehicular homicide in Georgia, you need a lawyer that will literally do everything possible in defense of the case. Vehicular homicide is one of the most serious offenses that can be committed in a motor vehicle in Georgia.

Georgia law provides for both misdemeanor and felony vehicular homicide charges. While misdemeanor and felony vehicular homicide charges vary greatly in terms of the punishment a person convicted may face, both misdemeanor and felony vehicular homicide charges are very serious. A felony vehicular homicide charge in Georgia, which under Georgia law is called homicide by vehicle in the first degree, requires a jail term of not less than 3 years and may be punished by up to 15 years in custody.

GEORGIA FELONY VEHICULAR HOMICIDE

Whether a vehicular homicide charge is a felony is determined by whether the defendant caused the death of a person by a violation of a certain group of what are called predicate offenses. Typically, people are charged with felony vehicular homicide when they cause the death of another person and it is alleged that the driver being under the influence caused the death. Every person charged with felony vehicular homicide must recognize that defeating the DUI portion of the felony vehicular homicide charge is critical, and having an attorney that effectively knows how to attack both the admissibility and substantive aspects of the state-administered chemical test, typically a blood test, is crucial. In addition, detailed analysis of the accident and the cause of the death must be performed in each of these cases. Particularly, if a person hopes to overcome the charge of vehicular homicide by reckless driving - reckless driving is another predicate offense under Georgia's vehicular homicide statute.

O.C.G.A. § 40-6-393 is Georgia's "homicide by vehicle" or vehicular homicide statute. 

The felony provisions of O.C.G.A. § 40-6-393(a) provide:

(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163 [improper passing of a school bus], Code Section 40-6-390 [reckless driving] or 40-6-391 [DUI], or subsection (a) of Code Section 40-6-395 [fleeing or attempting to elude a police officer] commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

(b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

(d) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary.

GEORGIA MISDEMEANOR VEHICULAR HOMICIDE

If a person is charged with causing the death of a person, but the driver did not commit one of the predicate offenses to felony vehicular homicide in causing the death, the driver may be charged with misdemeanor vehicular homicide. Misdemeanor vehicular homicide may be punished by up to 1 year in custody.

The misdemeanor provisions of the Georgia's vehicular homicide law provides:

(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.

If you have been involved in an accident and you are being investigated for or charged with seriously injury by vehicle or vehicular homicide, you absolutely must retain counsel and obtain advice about whether or not you should give any statement to an insurer. With this much on the line in a seriously injury by vehicle case or in a vehicular homicide case, generally, your most advisable course of actions is not to give any statement until you receive the assistance of counsel and the advice of counsel in participating with the insurance company.

FIRST STEPS IN THE DEFENSE OF A VEHICULAR CHARGE

If you or a loved one has been charged with vehicular homicide or homicide by vehicle, we understand the seriousness of this charge. Unlike many other traffic and alcohol or drug-related offenses, law enforcement’s investigation of the incident does not stop on the roadside. Often times, a suspect faces an interrogation while still in custody.  It is crucial that a suspect in these cases invoke their right to remain silent until they can consult with an attorney.

The investigation and defense of a vehicular homicide case cannot begin too early. In our experience, undertaking the most detailed investigation possible case is the difference between obtaining an exceptional result and an "average" result (i.e., a significant time in prison).

If you want to know that you will have a law firm on your side that is willing to devote themselves to the defense of your freedom in your Georgia vehicular homicide case, call us today.

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