About Vehicular Homicide Charges in Georgia

By [http://ezinearticles.com/?expert=Richard_S_Lawson]Richard S Lawson
Legally, the term homicide refers to the killing of another human being. Should a motor vehicle be involved in a fatal traffic collision it is referred to as "vehicular homicide" or "vehicular manslaughter in most states. In Georgia, this offense may be referred to as "homicide by vehicle." It is important to remember that motor vehicles can weigh in excess of 4,000 pounds and can therefore cause serious and sometimes fatal accidents.
Aside from defective auto parts and dangerous road or weather conditions, the vast majority of accidents are caused by driver negligence. Due to this fact, the law holds people accountable for their actions when they fail to exercise a reasonable level of care when operating a motor vehicle. In essence, if a driver accidentally kills another, then they are going to be held responsible for their actions. Whether they spend one year in jail or fifteen years in prison will depend upon the circumstances surrounding the case, such as whether or not the driver has a history of being labeled as a "habitual violator."
With vehicular homicide, malice and forethought is not necessary to have charges pressed. Depending on the circumstances of the incident, a person convicted of vehicular homicide can experience a wide range of criminal penalties.
First and Second Degree Homicide by Vehicle
First and second degree homicide by vehicle are defined and the penalties are described in Georgia Code - Motor Vehicles & Traffic - Title 40, Section 40-6-393.
Under this statute, first degree homicide by vehicle is described as causing the death of another person, without malice aforethought, by committing a violation of the following subsections of Georgia Code:
40-6-163(a) - illegally overtaking or passing a school bus;
40-6-270(b) - leaving the scene of an accident that has caused the death of or serious injury to another person;
40-6-390 - reckless driving;
40-6-391 - driving under the influence of alcohol and/or drugs; or
40-6-395(a) - fleeing or evading a police officer.

This felony offense is punishable by 3 to 15 years in prison.
Second degree homicide by vehicle is defined as unintentionally causing the death of another person by violating any subsection of Title 40 of Georgia Code, other than the specific sections listed under first degree homicide by vehicle above. Second degree homicide by vehicle is a misdemeanor, punishable by up to 1 year in county jail and/or a fine of up to $1,000.
Even if you are an upstanding citizen with no prior criminal record, you can still be facing harsh criminal consequences if you are accused of taking another's life in a traffic collision - judges and prosecutors view homicide by vehicle charges very seriously. If you want to do everything you can to avoid going to jail or prison and becoming labeled a "convicted felon," then you need to contact a DUI attorney right away.
The Law Offices of Richard S. Lawson proudly represents the residents throughout the state of Georgia. Their practice is entirely devoted to defending clients faced with DUI and DUI with drug charges. If you were arrested for a criminal offense of this nature, it would be in your best interests to have a lawyer that specializes in the field as you will have the best chances of disputing any charges against you when you have a firm who specializes in DUI law representing you. Their firm understands that you have a lot to lose if you are convicted and they are ready to put their time-proven tactics to work to defend your case. Please, contact a [http://www.cobbcountydui.com/]Cobb County DUI attorney from the firm at (404) 816-4440.
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