One of the most tragic and serious traffic offenses someone can be charged with is Vehicular Homicide. A vehicular Homicide occurs when someone is killed due to a traffic violation. A person can be charged with Vehicular Homicide when the person who dies is a passenger in their own car, or is an occupant of another vehicle.
If a person loses their life as a result of a traffic violation, it is a vehicular homicide. Even in these circumstances, a person still has rights. You have the right to refuse to answer questions, you have a right to consult with an attorney, and you have a right to be presumed innocent until you are found guilty by a jury of your peers.
There are times where people are charged with vehicular homicide for a violation they did not commit or a crash that wasn’t their fault. Having powerful legal representation with experience in these types of cases gives you an advantage. It helps you get the best result possible. The Freedom Lawyers work to understand your case and defend your rights. We are former vehicular homicide prosecutors and have worked these cases from Start to Finish as both Prosecutors and Defense Attorneys. We know how to attack the State’s allegations and build our own evidence in your defense of the Vehicular Homicide charges. Use our knowledge and experience to your advantage -cCall for a free Vehicular Homicide consultation.
Vehicular Homicide in Georgia
In the state of Georgia, a person can be charged with either felony or misdemeanor vehicular homicide. Each kind has distinguishing traits that lead to the charge.
Felony First Degree
To be a felony, the State has to prove that the person charged with vehicular homicide was either Under the Influence of Alcohol or Drugs or was committing a serious driving offense at the time of the crash. These offenses include:
- overtaking and passing a school bus
- reckless driving
- driving under the influence of alcohol or drugs
- fleeing or attempting to elude a police officer
- hit and run
In addition, the DUI element of felony vehicular homicide can be proven by either DUI per se or DUI less safe. If convicted, felony vehicular homicide results in a prison sentence ranging from three to fifteen years.
Misdemeanor Second Degree
A misdemeanor vehicular homicide charge consists of any traffic offense resulting in a death that is not one of the serious traffic offenses outlined in the felony version of the vehicular homicide law. Misdemeanor vehicular homicide is considered second-degree vehicular homicide and is defined as unintentionally causing the death of another via general traffic offenses. These include:
- running a red light
- failing to yield at a right of way
- Driving too fast for conditions
- Distracted driving
- Failure to maintain lane
- Failure to stop at a stop sign
Punishment for these incidents is a fine of up to $1,000 and imprisonment of up to one year.
Vehicular Homicide Defenses
An experienced Vehicular Homicide defense attorney will know the best way to build your defense in a Vehicular Homicide case. Our attorneys have represented clients charged with both First and Second Degree Vehicular Homicide in Marietta, Cobb County, Fulton County, and all over the State.
A good defense in a Vehicular Homicide case can be built in many ways. Ultimately, if we can show that you were not the responsible party for the crash or the death, the State can’t prove the allegations against you and we will win.
To be convicted of vehicular homicide, there needs to be definitive proof that a traffic offense occurred. If the State can’t prove this, there is no standing for the homicide charge. Next, there needs to be proof that the actions of the accused driver directly caused the death of the alleged victim. This element requires going through all facts of the case, crash reconstruction, crime scene investigations and witness interviews to see if the incident was the result of the victim’s actions. We have worked numerous vehicular homicide cases in Fulton County, Cobb County, Marietta, and all over Georgia.
Having a defense attorney with experience in vehicular homicide cases can help give you the legal support you need. The attorneys at The Freedom Lawyers have extensive experience providing legal defenses in First Degree Vehicular Homicide and Second Degree Vehicular Homicide cases throughout metro Atlanta. Our service area includes Cobb, Fulton, Dekalb, Gwinnett, Clayton, Bartow, Douglas, and Cherokee counties. We work to get to the bottom of your case and give you the resolution you need. Call us today to schedule a free consultation for your Vehicular Homicide case.