Understanding Vehicle Homicide Charges in Georgia: What You Need to Know

Being involved in a fatal accident is one of the most devastating events anyone can experience. In Georgia, if a person dies as a result of a car accident and the driver is believed to have acted negligently or unlawfully, the state may bring vehicular homicide charges against the driver. Also known as vehicular manslaughter, this is a serious criminal offense with potentially life-altering consequences.

Whether the accident involved distracted driving, DUI, or a simple traffic infraction, understanding the legal landscape is critical. If you or someone you care about is facing these charges, this guide will help you understand the gravity of the situation—and why it’s essential to work with the best criminal defense attorney in Cumming GA.

What is Vehicle Homicide in Georgia?

Georgia law defines vehicular homicide under O.C.G.A. § 40-6-393, which outlines two degrees of the offense based on the severity of the underlying traffic violation:

First-Degree Vehicular Homicide

This is the more serious of the two charges and is classified as a felony. First-degree charges typically arise when a death is caused by one of the following actions:

• Driving under the influence of alcohol or drugs (DUI)
  
  

• Reckless driving
  
  

• Attempting to flee from law enforcement
  
  

• Passing a stopped school bus unlawfully
  
  

• Driving with a suspended or revoked license
  
  

Conviction of first-degree vehicular homicide can carry 3 to 15 years in prison per count, and sentences can be even longer if multiple deaths occurred.

Second-Degree Vehicular Homicide

Second-degree charges are usually considered misdemeanors. These arise when the death results from a violation of less serious traffic laws, such as:

• Failing to yield the right of way
  
  

• Running a red light or stop sign
  
  

• Making an illegal turn
  
  

• Following too closely
  
  

While not as severe as first-degree charges, a conviction still brings up to 12 months in jail, fines, probation, and a permanent criminal record.

Factors That Influence the Charges

Every vehicle homicide case is different. The prosecution will examine many factors, including:

• The driver’s blood alcohol content (BAC) at the time of the crash
  
  

• Whether the driver has a criminal or traffic violation history
  
  

• The road and weather conditions
  
  

• Whether the vehicle had mechanical issues
  
  

• Eyewitness testimony and surveillance footage
  
  

The outcome can hinge on how this evidence is interpreted and presented. That’s why it’s crucial to have the best criminal defense attorney in Cumming GA on your side—someone who knows how to scrutinize every detail and challenge weak evidence.

Penalties for Vehicular Homicide in Georgia

The consequences of a conviction go far beyond jail time. You could face:

• Felony record that affects future employment, housing, and education
  
  

• Loss of driver’s license for at least 3 years (especially for first-degree charges)
  
  

• Hefty fines and court costs, which can create long-term financial strain
  
  

• Probation or community service
  
  

• Restitution payments to the victim’s family
  
  

In cases involving DUI or repeat offenders, judges may impose enhanced sentences, including longer prison terms or mandatory rehabilitation programs.

Why You Need the Best Criminal Defense Attorney in Cumming GA

A vehicular homicide case can move quickly—and so can the police and prosecutors. If you’re arrested or even under investigation, time is of the essence.

The best criminal defense attorney in Cumming GA will immediately begin protecting your rights by:

• Investigating the accident scene
  
  

• Interviewing witnesses and first responders
  
  

• Reviewing body cam and dashcam footage
  
  

• Challenging field sobriety tests and chemical BAC results
  
  

• Filing motions to suppress unlawfully obtained evidence
  
  

• Negotiating with prosecutors for reduced charges or a dismissal
  
  

• Preparing your case for trial if necessary
  
  

An experienced attorney will also help you navigate the emotional stress of the situation and keep you informed about your legal options at every step.

Common Defenses in Vehicular Homicide Cases

Depending on the facts of your case, your attorney may use several defense strategies, such as:

• Lack of causation: Arguing that your actions did not directly cause the victim’s death
  
  

• Mechanical failure: Proving the accident was due to vehicle malfunction rather than driver error
  
  

• Medical emergency: Showing that you suffered a sudden health event like a seizure or heart attack
  
  

• Challenging DUI evidence: Disputing the accuracy of breathalyzer or blood test results
  
  

• Eyewitness credibility: Cross-examining witnesses who may have misjudged the events
  
  

A strong defense can result in a case dismissal, a reduction in charges, or an acquittal at trial.

Don’t Face These Charges Alone

Facing vehicular homicide charges is one of the most traumatic legal situations anyone can endure. Not only is your freedom at stake, but your reputation, livelihood, and future may also hang in the balance. But there is hope.

The best criminal defense attorney in Cumming GA will fight to protect your rights and work tirelessly to achieve the best possible outcome in your case. Whether it’s seeking a favorable plea deal, reducing your sentence, or fighting the charges in court, you need someone who is experienced, aggressive, and compassionate.