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Georgia Vehicular Homicide Laws
If not operated properly, a vehicle can become a deadly weapon.
Vehicular homicide, known as “homicide by vehicle” in Georgia, is defined as a crime in which the negligent or reckless operation of a vehicle leads to death. Unlike a murder charge,
mens rea
, or the intent to kill, is not required for a vehicular homicide charge. According to Georgia vehicular homicide laws, there are two different classes of vehicular homicide charges: first degree and second degree.
Has your family been affected by a wrongful death as the result of vehicular homicide? The attorneys at The Law Office of J. Lee Webb are here to help you during this difficult time. Our attorneys have years of experienced with Georgia’s vehicular homicide laws and are known for their compassion and efficiency in dealing with wrongful death suits.
First degree vehicular homicide is classified as a felony. The factors that can lead to a first degree charge are: (1) unlawfully meeting or overtaking a school bus, (2) failing to stop after a collision (hit and run), (3) driving recklessly, (4) driving under the influence of alcohol and/or drugs, (5) failing to stop for, or fleeing from the police, (6) being declared a habitual offender.
The penalty for first degree vehicular homicide includes 2 to 15 years in prison. If the accused is a habitual violator, then a mandatory minimum of one year must be served in prison.
Second degree vehicular homicide is classified as a misdemeanor offense. Homicide by vehicle in the second degree includes all other homicides by vehicle that are not classified as first degree vehicle homicide. A wrongful death resulting from speeding, driving too slowly, or failure to yield can be charged as second degree vehicular homicide.
The penalties for second degree vehicular homicide includes up to one year in prison and a fine of up to $1,000,000. However, the judge may suspend the punishment or order a probation sentence in lieu of prison time.
If you have questions regarding Georgia vehicular homicide laws,
contact The Law Office of J. Lee Webb
.
Our skilled lawyers are here to provide you with caring and supportive legal representation.