Reckless Driving & Vehicular Homicide

Reckless Driving & Vehicular Homicide in Atlanta, Georgia (OCGA § 40-6-390 & OCGA § 40-6-393)

Understanding Reckless Driving & Vehicular Homicide Charges in Georgia

Reckless driving and vehicular homicide are among the most serious traffic-related offenses in Atlanta, Georgia, carrying severe legal consequences, including:

Heavy fines
License suspension
Potential prison time

Prosecutors and law enforcement aggressively pursue these cases, often using:

Accident reports
Speed tracking data
Witness statements
Forensic evidence

to prove negligence or reckless behavior.

Under OCGA § 40-6-390, reckless driving is classified as a misdemeanor offense, while vehicular homicide (OCGA § 40-6-393) can be charged as a felony, depending on the circumstances of the crash.

A conviction can lead to:

Mandatory license suspension
Jail time
Civil liability
Permanent damage to a person’s driving record

At Khalil Eaddy Trial Attorney, our firm provides strategic and aggressive defense for individuals charged with reckless driving and vehicular homicide in Atlanta, Georgia. Many cases involve:

Faulty accident reconstructions
Unreliable witness statements
External factors beyond the driver’s control

All of these issues can be challenged in court to prevent wrongful convictions.

1. Reckless Driving in Atlanta, Georgia (OCGA § 40-6-390)

Definition:

Reckless driving is defined as operating a vehicle with reckless disregard for the safety of people or property.
This charge is often issued in connection with:
- High-speed chases
- Aggressive driving
- Racing incidents

Key Elements of Reckless Driving:

Operating a vehicle in a way that endangers others.
Intentional disregard for safety, even without causing an accident.
Excessive speeding, weaving through traffic, or aggressive maneuvers.

Examples of Reckless Driving:

Driving at extreme speeds (30+ mph over the limit).
Street racing or performing stunts on public roads.
Running multiple red lights or failing to yield to pedestrians.
Swerving dangerously between lanes in heavy traffic.

Penalties for Reckless Driving (OCGA § 40-6-390):

Offense	Charge	Penalty
Reckless Driving	Misdemeanor	Up to 12 months in jail and/or a fine up to $1,000
Points on License	4 points added	Potential license suspension for repeat offenders

A reckless driving conviction can also enhance penalties for other charges, such as:

DUI
Vehicular homicide

Fighting a reckless driving charge is critical to avoiding escalating penalties for future offenses.

2. Vehicular Homicide in Atlanta, Georgia (OCGA § 40-6-393)

Vehicular homicide, also known as homicide by vehicle, occurs when a driver’s actions cause the death of another person.

This crime can be charged as:

First-degree vehicular homicide (felony)
Second-degree vehicular homicide (misdemeanor)

depending on the level of negligence involved.

A. First-Degree Vehicular Homicide (Felony – OCGA § 40-6-393(a))

A driver may be charged with first-degree vehicular homicide if the fatal accident involved:

DUI (Driving Under the Influence)
Reckless driving or fleeing from law enforcement
Passing a stopped school bus unlawfully

Penalties for First-Degree Vehicular Homicide:

Offense	Charge	Penalty
First-Degree Vehicular Homicide	Felony	3 to 15 years in prison per fatality
Repeat Offenses	Felony	Permanent license revocation

A conviction for first-degree vehicular homicide can result in decades in prison, especially if multiple deaths occur.

B. Second-Degree Vehicular Homicide (Misdemeanor – OCGA § 40-6-393(b))

A driver may be charged with second-degree vehicular homicide if the accident involved:

Failure to obey traffic signals
Failure to yield the right of way
Minor speeding violations

Penalties for Second-Degree Vehicular Homicide:

Offense	Charge	Penalty
Second-Degree Vehicular Homicide	Misdemeanor	Up to 12 months in jail and a fine up to $1,000
License Suspension	Driver’s license suspension

Second-degree vehicular homicide cases often involve:

Driver errors
Unexpected road conditions
Mechanical failures

Making it critical to challenge fault determinations and accident reports.

3. Aggravating Factors & Enhanced Penalties

Certain circumstances can increase penalties for reckless driving and vehicular homicide, including:

DUI involvement (mandatory felony charge)
Excessive speeding (over 30 mph above the limit)
Multiple fatalities in a single accident
Hit-and-run involvement
Prior history of reckless driving offenses

In cases involving aggravated circumstances, prosecutors push for maximum sentences, making it essential to build a strong legal defense.

4. Defending Against Reckless Driving & Vehicular Homicide Charges

Many reckless driving and vehicular homicide cases are based on:

Subjective officer opinions
Inaccurate accident reconstructions
Unreliable witness statements

A strong defense can challenge evidence and prevent wrongful convictions.

Common Defenses Against Reckless Driving Charges:

Lack of Reckless Intent – The accused was not driving in a manner that endangered others.
Mechanical Failure – The vehicle malfunctioned, causing an unavoidable driving error.
Mistaken Identity – The accused was not the person driving the vehicle.
Unreliable Witnesses – Testimony from bystanders conflicts with physical evidence.

Common Defenses Against Vehicular Homicide Charges:

No Criminal Negligence – The accident was unavoidable and not caused by reckless behavior.
Faulty Traffic Signals or Road Conditions – A defective stoplight or hazardous roadway contributed to the accident.
Medical Emergency – The driver suffered a sudden health crisis (e.g., seizure, heart attack) that led to loss of control.
Lack of Causation – The accident was caused by another driver, pedestrian, or external factor.

A strong legal defense can result in:

Reduced charges
Lesser sentences
Case dismissals

if the evidence does not fully support the prosecution’s claims.

Why Choose Khalil Eaddy Trial Attorney?

Reckless driving and vehicular homicide charges carry severe consequences, including:

Prison time
Permanent loss of driving privileges
Felony records that can impact employment and housing opportunities

Call 770-303-0700 today for a confidential consultation and start building your defense.