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The Sessions Law Firm, LLC

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470.225.7710

  • Home
  • About
    • About
    • Ben Sessions
    • Locations
      • Atlanta, GA Office Location
      • Macon, GA Office Location
      • Columbus, GA Office Location
    • Areas We Serve
      • Albany
      • Americus
      • Atlanta
      • Bartow County
      • Bibb County
      • Brookhaven
      • Centerville
      • Chatham County
      • Chattanooga
      • Clayton County
      • Cobb County
      • Columbia County
      • Columbus
      • Coweta County
      • DeKalb County
      • Doraville
      • Douglas County
      • Dublin
      • Fayette County
      • Gray
      • Griffin
      • Gwinnett County
      • Hall County
      • Hawkinsville
      • Henry County
      • Hinesville
      • Houston County
      • Jackson County
      • LaGrange
      • Lowndes County
      • Macon
      • McDonough
      • Milledgeville
      • Muscogee County
      • Newton County
      • Paulding County
      • Perry
      • Pooler
      • Richmond Hill
      • Roberta
      • Rockdale County
      • Savannah
      • Walker County
      • Walton County
      • Whitfield County
  • Practice Areas
    • Practice Areas
    • Personal Injury
      • Car Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Slip-And-Fall & Premises Liability
      • Pedestrian Accidents
      • Bicycle Accidents
      • Elder Abuse
      • Product Failure Injury
      • Defective Product Injuries
      • Negligent Security
      • Wrong Prescriptions
      • Wrongful Death
    • DUI Defense
      • 1st DUI Offense
      • 2nd DUI Offense
      • DUI Drug Offense
      • Child Endangerment DUI
      • License Suspension
    • Criminal Defense
      • Bond in Georgia Criminal Cases
      • Drug Charge Defense
      • Sex Crime Defense
      • Domestic Violence
      • Probation Violation
      • Vehicular Homicide
    • Workers’ Comp
      • Calculating Workers’ Comp Payments
      • Fall at Work
  • Testimonials
    • Case Results
  • Resources
    • Resources
    • Preparing for Our Meeting
    • Personal Injury Resources
      • Personal Injury Blog
      • Back Injuries
      • Spinal Cord Injuries
      • Nerve Damage
      • Broken Bones
      • Brain Injury
      • Scarring
    • Car Accident Resources
      • Distracted Driving Accident Lawyer
      • Drunk Driving Accident Lawyer
      • Following Too Closely Accident
      • Common Causes of Car Accidents
      • Do I Need a Lawyer for My Car Accident Case?
      • Car Accident Blog
      • Step-By-Step Car Accident Guide
    • DUI Defense Resources
      • DUI Defense Blog
      • Georgia DUI Process
      • The “Walk and Turn” Test in DUI Cases
      • The Eye Test
      • Your Driver’s License After a DUI Arrest
      • License Suspension in A DUI Case
      • Ignition Interlock Permit
      • Importance of Your Driving in Your DUI Case
  • Contact Us Now

Vehicular Homicide Attorney

It would seem intuitive to most people, but many criminal defense lawyers simply fail to understand the difference in vehicular homicide cases and misdemeanor DUI or traffic accident cases. Vehicular homicide cases are, in fact, vastly different from other DUI, reckless driving, and misdemeanor traffic offense cases. Emotions run high and the intensity with which these cases are prosecuted is vastly different from cases that do not involve a death. If you hope to obtain an exceptional result in a vehicular homicide case, you need an exception vehicular homicide attorney.In 2017 alone, the National Highway Traffic Safety Administration reported 1,540 traffic fatalities in Georgia.


Population, fatal motor vehicle crashes, motor vehicle crash deaths and motor vehicle crash death rates per state, 2017

  • State: Georgia
  • Population: 10,429,379
  • Vehicle miles traveled (millions): 122,398
  • Fatal crashes: 1,440
  • Deaths: 1,540
  • Deaths per 100,000 population: 14.8
  • Deaths per 100 million vehicle miles traveled: 1.26

These tragic incidents occurred for a wide variety of reasons, but the common factor was the involvement of a motor vehicle. While not every traffic fatality results in criminal charges, in some cases the responsible driver may face a vehicular homicide charge. This is a serious criminal charge that can lead to harsh penalties upon conviction. Have you or a loved one been charged with vehicular homicide? If so, call the Sessions Law Firm now and discuss your case with an Atlanta criminal defense lawyer.

WHAT IS VEHICULAR HOMICIDE?

Vehicular homicide occurs when a driver unlawfully causes the death of another using a motor vehicle. More specifically, the driver could face this charge when his or her violation of traffic laws leads to the death of another person. It is important to note that vehicular homicide is different than the criminal charge of murder. A driver may not have intended to cause the death of another, but could still be charged with vehicular homicide.

The level of the charge will often depend on which traffic law the driver violated.

MISDEMEANOR VEHICULAR HOMICIDE CHARGES IN GEORGIA

Let’s take a case in which a person is involved in a traffic accident that results in the death of another person, and let’s say that the at-fault driver is alleged to have been following too closely. However, there is no allegation that the at-fault driver was being reckless or driving under the influence of alcohol or drugs. That at-fault driver may be charged with second degree vehicular homicide or homicide by vehicle in Georgia. This is a misdemeanor vehicular homicide charge, and the statutory provision for it is:

Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 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 provided in Code Section 17-10-3.

FELONY VEHICULAR HOMICIDE CHARGES IN GEORGIA

If the driver violates certain traffic laws, and those actions caused another person’s death, the driver could face a first-degree vehicular homicide charge. This felony charge is often the result of traffic fatalities resulting from:

  • Reckless driving;
  • Driving under the influence of drugs or alcohol;
  • Illegally passing or meeting a school bus or
  • Fleeing or eluding a police officer.

A habitual violator of traffic and safety who kills another while driving on a suspended or revoked driver’s license may also face this felony charge.

Depending on the circumstances, a driver could face a misdemeanor charge of vehicular homicide. Every criminal case is unique, so it is important that your Georgia defense attorney carefully and objectively review all the facts when handling your case.

WHAT PENALTIES DO I FACE?

As with any crime, the penalties you face will depend on whether the charge is a misdemeanor or a felony.

In Georgia, misdemeanors, like second-degree vehicular homicide, are punishable by up to one year in jail, and fines up to $1,000. Felonies are punishable by prison sentences longer than one year and fines over $1,000. First-degree vehicular homicideis punishable by a prison sentence between three and 15 years. However, if the driver is a habitual violator, the penalty increases to five to 20 years in prison.

HOW DO WE APPROACH VEHICULAR HOMICIDE CASES?

First, it is absolutely critical that your criminal defense attorney understands what legal challenges can and should be mounted to your charges. We have remained on the cutting edge of DUI litigation in Georgia, and we understand this extremely complex area of the law as well – if not better – than almost any other practitioner in the state. If your criminal defense attorney is attempting to get up to speed on DUI law in connection with your case, it is too late.

We aggressively pursue our motions practice in these cases, and we have found that this is instrumental to our success.

CONTACT AN EXPERIENCED ATLANTA CRIMINAL DEFENSE ATTORNEY TODAY

The experienced legal team at the Sessions Law Firm takes a unique approach to vehicular homicide cases. Unlike some attorneys, our lawyers handle these cases without judgment or assumptions. We take on cases other attorneys are afraid of, because we know that every client deserves a fair trial and a zealous defense. Our personalized approach to these cases has earned Attorney Ben Sessions a Georgia Rising Star Award from SuperLawyers every year since 2010. If you have been charged with vehicular homicide, contact our Atlanta office today and discuss your case with a skilled vehicular homicide attorney.

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