georgia vehicular homicide

Transfer Hearings in Juvenile DUI-Vehicular Homicide Cases

I recently handled a transfer hearing for a case involving a juvenile charged with, among other things, DUI vehicular homicide. The district attorney sought to transfer the case from juvenile court to superior court, and we contested that motion. Many friends and colleagues asked me about these transfer hearings generally proceed and, in particular, how…

Sentencing in Georgia Vehicular Homicide Cases

Sentencing in Georgia Vehicular Homicide Cases The felony provisions of Georgia’s “homicide by vehicle” or vehicular homicide statute, O.C.G.A. § 40-6-393(a), provide: (a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163 [improper passing of a school bus], Code Section 40-6-390 [reckless driving] or 40-6-391 [DUI],…

Had a Prior DUI Reduced? Yes, It Can Have a Real Effect on Your Case

A very recent vehicular homicide case in Atlanta illustrates the significance that even a DUI reduced to “reckless driving” can have upon a defendant. Darrin Murphy has been charged with DUI- Vehicular Homicide in connection with an accident that resulted in the tragic death of Liam Rattray. In his first appearance before a Fulton County Magistrate…

Reckless Driving in Georgia Vehicular Homicide and Serious Injury Cases

What constitutes reckless driving in Georgia vehicular homicide and serious injury by vehicle cases is hotly contested (and misconstrued) in these cases.  Dunagan v. State, 283 Ga. 501, 661 S.E.2d 525 (2008), provides helpful instruction as to what level and type of evidence is required to establish recklessness: As Dunagan correctly argues, criminal negligence may…

Georgia DUI Vehicular Homicide

Prather v. State, ___ S.E.2d ___, 2010 WL 892084 (Ga.App. March 15, 2010). Prather was involved in a car collision that killed another driver when Prather’s vehicle crossed a median and crashed into oncoming traffic. Based on this collision, Prather was indicted for (1) vehicular homicide through a DUI less safe violation, (2) vehicular homicide…