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Under the Official Code of Georgia § 40-6-393, titled “Homicide by vehicle” defines Vehicular Homicide in Georgia as follows:
Under the Official Code of Georgia § 40-6-393, titled “Homicide by vehicle” defines Vehicular Homicide in Georgia as follows:
(a) Any person who, without malice aforethought, causes the death of another person through the offense of [Passing a School Bus, Failing to Stop when Involved in an Accident which Causes a Death, Reckless Driving, Driving Under the Influence of Alcohol or Drugs, Fleeing or Attempting to Elude a Police Officer] commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.
(b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident … commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.
(c) Any person who causes the death of another person, without an intention to do so, by [Passing a School Bus, Failing to Stop when Involved in an Accident which Causes a Death, Reckless Driving, Driving Under the Influence of Alcohol or Drugs, Fleeing or Attempting to Elude a Police Officer] 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 [a misdemeanor or a maximum of one year in jail and the maximum fine of $1000.00].
(d) Any person who, after being declared a habitual violator [or receives three serious traffic violations within a five year period and is notified by the Department of Driver Services by mail or operation of law] and while such person’s license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary.