• Georgia Accidents & Injuries
• Georgia Boating Law
• Georgia Criminal Defense
• Georgia DUI
• Georgia Safety Ideas

• Plaintiff’s Personal Injury Law
• DUI Arrest Defense Attorneys
• Criminal Defense Attorneys
• Wills, Estate Planning and Georgia Probate
• Business Law and Business Litigation Attorneys
• Landlord Tenant Lawyer

Georgia Supreme Court Reverses First Degree Vehicular Homicide: Georgia Attorney Discusses A Drivers Duty to Stop

View More Accident & Injury Articles

The Court reaffirmed the holding in Henry in regards to Georgia vehicular homicide that “a conviction for first degree vehicular homicide predicated on a hit-and-run requires proof beyond a reasonable doubt of all the elements of felony hit-and-run plus the additional element” that the defendant’s failure to stop at the scene and render aid was a “contributing cause of the victim’s death.”

The Georgia Supreme Court found that the evidence at trial was clear that the victim would have died regardless of whether the defendant would have stopped and remained at the scene or not.  As a result of the State not proving that the victim’s death was caused by the defendant’s failure to stop and render aid, the conviction was reversed.

In 2008, the decision in Henry was overturned.  Georgia Code § 40-6-270 now states that when a driver fails to stop and fulfill certain requirements in aid to the driver and is the proximate cause of death or serious injury he/she shall be guilty of a felony and face imprisonment up to 5 years.

At Breakfield & Associates, Attorneys, Georgia injury lawyer John Breakfield welcomes anyone with any Accident or Injury questions to Call or Email Us. Please remember that all Personal Injury and Criminal Defense matters are given an initial consultation free of charge.

About the author: John Breakfield is a Georgia Criminal Defense Lawyer with Breakfield & Associates, Attorneys law office in Gainesville, Georgia (GA). Attorney Breakfield regularly handles criminal defense matters including DUI, marijuana possession, drug possession, theft, tickets, committal hearings, arraignments, and many other criminal defense matters.  Our attorneys can assist our clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Lumpkin County (Dahlonega), Gwinnett County (Buford, Norcross, Sugar Hill, Lawrenceville), Dawson County (Dawsonville), and surrounding counties in North Georgia.

This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes.  Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

Back to Articles