What defenses are common in vehicular manslaughter cases in Georgia?
What is commonly called vehicular manslaughter in Georgia is addressed under the homicide by vehicle statute, O.C.G.A. 40-6-393, and the charge varies in severity depending on the underlying conduct. The statute distinguishes between more serious and less serious forms based on the type of traffic violation or offense involved in causing a death.
A central element is causation. The prosecution must establish that the defendant’s conduct caused the death, which makes the connection between the alleged driving violation and the fatal outcome a key part of the analysis. Questions about what actually caused a collision, including the actions of others or external factors, can bear on this element.
The nature of the underlying offense also matters. First degree homicide by vehicle generally involves more serious conduct, such as DUI or reckless driving, while a less serious form can rest on lower-level traffic violations. Because the grade of the offense is tied to the underlying conduct, the classification of that conduct affects the severity of the charge.
Where DUI is the predicate, the analysis incorporates the same questions that arise in DUI cases generally, including the lawfulness of the stop, the reliability of any chemical testing, and whether impairment was established under O.C.G.A. 40-6-391.
Causation tends to be the pivotal question in these cases. Since the charge links a death to an underlying driving violation, two questions sit at the center: whether a violation actually occurred, and whether that conduct, rather than some other factor, caused the death.