Vehicular manslaughter is a criminal offense defined as the unintentional killing (homicide) of another person as a result of criminal negligence or recklessness while operating a motor vehicle—often while the operator is intoxicated by alcohol or drugs, engaged in a high risk activity such as street racing, or committing a misdemeanor or infraction offense (speeding) with ordinary negligence.
Vehicular manslaughter is usually a felony offense and often includes significant jail or prison time as potential punishment. Vehicular manslaughter laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In Georgia, vehicular manslaughter is referred to as 'vehicular homicide' and is codified under Georgia Code Title 40 - Motor Vehicles and Traffic, specifically O.C.G.A. § 40-6-393. The law distinguishes between first-degree and second-degree vehicular homicide. First-degree vehicular homicide is a felony and occurs when a death results from a violation of specific traffic offenses such as DUI, reckless driving, or fleeing or attempting to elude a police officer. The penalty for a first-degree offense can include a prison sentence ranging from three to fifteen years. Second-degree vehicular homicide is considered a misdemeanor and applies to deaths resulting from other traffic offenses that are not specified under the first-degree category. The punishment for second-degree vehicular homicide may include a fine, imprisonment for up to 12 months, or both. It's important to note that the specific circumstances of the incident can greatly affect the charges and penalties involved.