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Vehicular homicide, which is called "homicide by vehicle"
in Georgia, is the unlawful killing of another with the use
of a vehicle. Neither malice aforethought nor intent to kill
is required. Georgia's homicide by vehicle statute provides
for a wide range of punishment, depending on the circumstances
in which the offense is committed.
First degree homicide by vehicle is a felony. A homicide
by vehicle is classified as first degree if the driver:
(1) unlawfully met or overtook a school bus;(2) unlawfully
failed to stop after a collision;(3) was driving recklessly;(4)
was driving while under the influence of alcohol or drugs;(5)
failed to stop for, or otherwise was attempting to flee from
a law enforcement officer, or(6) had previously been declared
a habitual violator.
First degree vehicular homicide is punishable by 3 to
15 years of imprisonment. If the accused had previously
been declared a habitual violator, the range of punishment
is five to twenty years, and at least one year of the sentence
must be served.
Second degree vehicular homicide encompasses all vehicular
homicides without intent to kill that involve any other violations
of the laws governing the operation of motor vehicles. For
example, a death resulting from a failure to yield to oncoming
traffic, speeding, or driving too slowly, unless such constituted
reckless driving, could be charged as a homicide by vehicle
in the second degree.
Second degree vehicular homicide is a misdemeanor,
punishable by imprisonment or other confinement for up to
1 year, a fine of up to $1,000.00, or both. However, at the
judge's discretion, punishment may be suspended or a probation
sentence may be received.
Regardless of its degree, vehicular homicide is a serious
crime with serious consequences for the accused. If you have
a vehicular homicide charge pending against you, you need
an attorney who will bring in the best accident reconstruction
experts, automotive engineers, and forensic toxicologists
to serve on your team. Remember, sound legal advice can make
a difference in your case.
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