Vehicular Homicide

Homicide by Vehicle in the First Degree (Felony):

O.C.G.A. § 40-6-393 defines homicide by vehicle in the first degree as “any person who, without malice aforethought, causes the death of another person” through the traffic violations of DUI, reckless driving, hit and run, illegally passing a school bus, or fleeing from the police.  If convicted of Homicide by Vehicle in the first degree imprisonment will be a minimum of three years and as much as fifteen years.


Also, if you have been declared a habitual violator, pursuant to O.C.G.A.§40-5-58, and you cause the death of another person, without intent, by operation of a motor vehicle you will be prosecuted for first degree vehicular homicide, regardless of what traffic violation caused the other persons death, and potential jail time will range from not less than five years to as much as twenty years.


Homicide by Vehicle in the Second Degree (Misdemeanor):

O.C.G.A. § 40-6-393 makes “any person who causes the death of another person, without the intention to do so by” committing any traffic offense that causes a death a misdemeanor, with the exception of  illegally overtaking and passing a school bus, reckless driving, DUI, fleeing and attempting to allude the police, or leaving the scene of the accident.  If someone dies and their death is due to a violation of the traffic code of Georgia it will be handled as a serious misdemeanor unless the traffic violation is one of the ones detailed above.

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