What defenses are common in vehicular manslaughter cases in Georgia?
Georgia doesn’t use the name “vehicular manslaughter.” The offense is homicide by vehicle under O.C.G.A. § 40-6-393, and the defenses depend on which degree is charged.
| Degree | What the state proves | Penalty |
|---|---|---|
| First, (a) | Death through a violation of § 40-6-163(a) (passing a school bus), §§ 40-6-390 to 40-6-391 (reckless driving, DUI, and related), or § 40-6-395(a) (fleeing) | 3 to 15 years |
| First, (b) | Causing a fatal accident and leaving the scene | 3 to 15 years |
| First, (d) | Habitual violator while license is revoked | 5 to 20 years |
| Second, (c) | Death caused by any other traffic violation | Misdemeanor, § 17-10-3 |
Defense subjects include:
Causation. The statute requires that the violation caused the death. An unrelated violation, or the victim’s sudden act, can break that link. Crash reconstruction and vehicle data can be the proof.
The underlying violation. If the DUI isn’t proved, a first degree count based on DUI fails, though a lesser charge may remain. Blood test challenges, including under O.C.G.A. § 17-5-30, apply.
Reckless versus careless. Whether the driving was reckless or only following too closely may be the difference between felony and misdemeanor.
Search for the data. Event data recorders and phones generally call for a warrant.
Sentencing has a separate side. The first degree counts are felonies with a mandatory minimum prison range, and license consequences under Title 40 also follow. A civil wrongful death claim may run alongside it, and its deadline may be paused while the prosecution is pending, under § 9-3-99.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.