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vehicular homicide


Vehicular homicide is a charge that can leave permanent emotional scars. The charge can be the result of driver negligence or because a driver failed to follow standard traffic laws in Georgia. The State of Georgia prosecutes vehicular homicide defendants in either the first degree or second degree. First degree convictions in first degree vehicular homicide cases generate felonies of the records of defendants. Second degree vehicular homicide convictions result in a misdemeanor placed on the legal records of defendants.

If you face vehicular homicide charges in the first or second degree, you need to work with a Georgia licensed criminal defense lawyer that has compiled an impressive record of helping clients beat vehicular homicide charges. The highly rated criminal defense attorneys working at Garland Law Group provide the defense you need to win a vehicular homicide case in Georgia.


First Degree Vehicular Homicide in Georgia

First degree vehicular homicide carries a felony conviction. The serious criminal charges typically involves a driver that was either under the influence or committed another serious driving offense that triggered a felony charge of vehicular homicide in the first degree.

Georgia statute O.C.G.A. § 40-6-393(a) and (b) declares that a vehicular homicide in the first degree covers the following illegal driving practices:

“Without malice aforethought, a person causes the death of another by 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.”


Vehicular homicide in the first degree automatically triggers a penalty between three and 15 years. The judge presiding over the case has discretion to impose a penalty that falls within the three to 15 years range. Georgia considers habitual violators to be anyone that has received three or more serious traffic citations with a five year period. Some of the serious traffic offenses that qualify drivers to be habitual offenders in Georgia include the following offenses:

  • DUI

  • Hit and run

  • Reckless driving

  • Fleeing the scene of an auto accident

  • Attempting to elude law enforcement

  • Vehicular homicide


Second Degree Vehicular Homicide in Georgia

Georgia statute O.C.G.A. § 40-6-393(c) defines misdemeanor vehicular homicide:

“Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than unlawfully passing a school bus, reckless driving, DUI, fleeing or attempting to elude a police officer, and hit and run commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as a misdemeanor.”


Here are the most common reasons for a judge to rule vehicular homicide in the second degree”

  • Speeding

  • Failure to yield

  • Running a red light

  • Distracted driving

  • Running a stop sign

  • Failure to control vehicle in the proper lane


A conviction for either a felony or misdemeanor vehicular homicide charge will result the suspension of a driver’s license suspension for up to one year. Having your license suspended for whatever reason will create considerable hardship, especially when it comes your career. This is another reason we recommend anyone that faces a vehicular homicide charge contact the law office of Garland Law Group.


Possible Defenses to Vehicular Homicide Charges in Georgia

As with other criminal defense cases, the prosecution must prove “beyond a reasonable doubt” that a car accident caused a death. Just because a death occurred as the result of an auto accident does not mean you are legally liable. The State of Georgia must prove your guilt beyond a reasonable doubt and if there is not enough evidence to meet the high litmus standard of “beyond a reasonable doubt,” you can rest assured our team of highly rated criminal defense attorneys will plant the seed of doubt into the minds of one or more jurors.

Causation represents another possible defense against a vehicular homicide charge. Georgia law requires the prosecution team in a vehicular homicide case to prove a casual relationship between the driving actions of the accused and the victim’s death. A casual relationship means the prosecution must demonstrate the defendants driving actions was the legal cause of why the victim died.

The acclaimed team of criminal defense lawyers at Garland Law Group are also skilled at negotiating reduced penalties for our clients that are charged with either a felony or misdemeanor vehicular homicide. Prosecutors have a high degree of flexibility in vehicular homicide cases, and our team of criminal defense attorneys have years of experience negotiating with the most accomplished Georgia prosecutors.

Speak with One of Our Vehicular Homicide Lawyers

The legal stain of a vehicular homicide conviction can last a lifetime. In addition to destroying your career, it can also make it virtually impossible for you to find housing and join social clubs. All anyone has to do is run a background check on you to discover a vehicular homicide conviction. Work with our team of vehicular homicide specialists to ensure you obtain the finest legal counsel.

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