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Homicide by Vehicle Defense Carrollton Georgia
If you have been charged with homicide by vehicle in the state of Georgia, contact the office of Allen Trapp at 770-830-8560 for a free case evaluation.
Homicide by Vehicle Charges in Georgia
Vehicular homicide, which is called "homicide by vehicle" in Georgia, is the unlawful killing of a person while operating a vehicle. It is not necessary for the prosecution to prove either malice aforethought or intent to kill. Georgia’s homicide by vehicle statute authorizes a wide range of punishment, as explained in the succeeding paragraphs.
First degree homicide by vehicle is a felony. In order to be convicted, it must be shown that the death occurred because the accused -
- unlawfully met or overtook a school bus;
- unlawfully failed to stop after a collision;
- was driving recklessly;
- was driving while under the influence of alcohol or drugs;
- failed to stop for, or otherwise was attempting to flee from a law enforcement officer, or
- had previously been declared a habitual violator.
If convicted, the accused is facing 3 to 15 years in the state penitentiary. If the accused had previously been declared a habitual violator, the range of punishment is five to twenty years, and at least one year of the sentence must be served.
Second degree vehicular homicide encompasses unintentional vehicular homicides involving the violation of motor vehicle laws other than those set forth above. For example, a vehicular homicide caused by the failure to yield to oncoming traffic, failure to stop at a stop sign, or an illegal turn, unless reckless driving is alleged, could be charged as a homicide by vehicle in the second degree.
Second degree vehicular homicide is a misdemeanor, punishable by imprisonment or other confinement for up to 1 year, a fine of up to $1,000.00, or both. However, at the judge’s discretion, punishment may be suspended or a probation sentence may be received.
All of these offenses are serious crimes with serious consequences for the accused. We will bring the best firearms examiners, accident reconstruction experts, automotive engineers, or forensic toxicologists to serve on your team.
Call the law office of Allen Trapp today at 770-830-8560 if you need an attorney for homicide by vehicle defense in Carrollton, Georgia or the surrounding West Georgia area.
