Vehicular Homicide in Georgia
In the state of Georgia, vehicular homicide or homicide by vehicle is defined as the unlawful killing of an individual by use of a motor vehicle. Such charges are generally accompanied by additional charges including DWI and DUI. Since 1995, Mickey Roberts Attorney at Law has specialized and successfully tried cases which directly involved traffic, DUI, and vehicular homicide charges.
Felony Vehicular Homicide in Georgia
Any individual who directly causes the death of another individual as a result of a traffic violation is considered as committing Vehicular Homicide in the First Degree, a known felony offense.
If an individual commits the traffic offense of unlawfully passing a school bus, reckless driving, DUI or fleeing/eluding a police officer, and as a direct result causes the death of another person, that individual is guilty of felony vehicular homicide which can carry a sentence of 3 to 15 years in prison.
If an individual causes an accident that results in someone’s death, and flees the scene of said accident, that individual is guilty of vehicular homicide which carries a sentence of 3 to 15 years in prison.
For an individual to be found person guilty of felony vehicular homicide, a judge or jury must rule that the individual committed one of the above described traffic offenses; then they must declare that the individual‘s unlawful acts were the imminent cause of death. Additionally, if convicted of felony vehicular homicide, an individual’s driver’s license is suspended for 3 years (with no option for obtaining a work permit available).
Misdemeanor Vehicular Homicide in Georgia
Any individual who directly causes the death of another individual as a result of traffic violations, aside from the aforementioned felony offenses, commits the offense of Vehicular Homicide in the 2nd Degree. For instance, an individual runs a red light, strikes another car and thereby causes the death of another person. This would be considered Vehicular Homicide in the 2nd Degree, a misdemeanor which carries up to a maximum sentencing of 12 months in prison. To find an individual guilty of misdemeanor vehicular homicide, a judge or jury must first rule that the individual committed a traffic offense in addition to felony vehicular homicide predicate offenses; then it must be found that the individuals ‘s unlawful acts were direct cause of said death.
If an individual is convicted of misdemeanor vehicular homicide, there is 120-day license suspension, with an attainable work permit allowed.
The State also has a “Feticide by Vehicle” law which is defined as an individual committing the offense of feticide by vehicle if they cause the death of an unborn child (specifically a member of the homo sapiens species at any development stage in which it is carried in the womb). The components and punishment for felony feticide by vehicle are equivalent to those of Felony vehicular homicide. The components and punishment of misdemeanor feticide by vehicle are the equivalent of misdemeanor vehicular homicide.
Serious Injury by Vehicle in Georgia
Any individual who directly contributes to the serious injury of another individual as a result of reckless driving or DUI commits the offense of Serious Injury by Vehicle. Considered a felony carrying a 1-15 year sentence prison, “serious injury” is defined as depriving an individual of a body member by rendering said body member useless, by seriously disfiguring a body member thereof, or by causing organic brain damage, which therefore renders the body or any member useless. For example, broken bones/stitches would be considered a “serious injury” as it can cause scarring. To find an individual guilty of serious injury by vehicle, a judge or jury must first rule that the individual committed either reckless driving or DUI. Subsequently, they must then rule that the individual‘s unlawful acts were the direct cause of serious injury.
If convicted of serious injury by vehicle, an individual’s driver’s license will be suspended for 3 years, without the option of obtaining work permit allowed.
Why Hire Mickey Roberts?
Vehicular Homicide (VH) can result in prison time for up to 15 years. Therefore, it is important to hire a lawyer experienced and skilled in defending those accused of proximately causing the death of another while operating a motor vehicle.
Mickey Roberts has defended those accused of VH for over 36 years. Many of those cases also involved either DUI alcohol or DUI drug charges.
Because your freedom is at risk in these types of cases, it is important for your attorney to take an aggressive approach in obtaining all of the evidence from the outset. Mickey Roberts will obtain copies of any police training records, police reports, accident reconstruction reports and other evidence the State may use against you at trial. He will also obtain an independent accident reconstructionist to do his own accident investigation.
Mickey Roberts is considered an expert on Standardized Field Sobriety Evaluations as well both Intox and Gas Chromatograph machines which are used in Georgia to determine blood alcohol content and blood drug content, respectively. He is also well versed and considered an expert in 4th Amendment search issues.
Sample Win: A jury verdict of not guilty in a VH case where the issue was whether or not my client was actually driving.