Key Takeaways:
- Yes, minors can be charged with vehicular homicide in Georgia, depending on the circumstances.
- Juvenile cases may be handled in juvenile court, but serious cases can be transferred to adult court.
- Consequences can include detention, probation, license suspension, and even prison in adult cases.
What is vehicular homicide under Georgia law?
Vehicular homicide occurs when someone causes another person’s death through unlawful or reckless driving. In Georgia, this can include:
- DUI (driving under the influence)
- Reckless driving
- Speeding or street racing
- Fleeing from police
- Driving without a license
There are two degrees:
- First-Degree Vehicular Homicide: Involves more serious traffic violations (e.g., DUI, reckless driving).
- Second-Degree Vehicular Homicide: Involves less serious violations (e.g., failure to yield).
Can a minor really be charged with this offense?
Yes. Georgia law allows juveniles (under age 17 for most crimes, under 18 for some) to be charged with vehicular homicide if their actions meet the legal criteria.
Even young drivers (15–16 years old) can face serious charges if they cause a fatal crash due to reckless or illegal behavior.
Will the case stay in juvenile court?
Not always. Georgia prosecutors can seek to transfer serious cases to adult court, especially if:
- The offense involved DUI or reckless driving
- The juvenile is close to age 17
- There is a prior history of criminal or traffic offenses
If transferred, the juvenile faces adult penalties—including potential prison time.
What are the penalties for a juvenile convicted of vehicular homicide?
Penalties vary widely based on age, intent, and court jurisdiction:
In Juvenile Court:
- Detention in a youth facility
- Probation or community service
- Mandatory driving courses
- License suspension or delay in obtaining a license
If Tried as an Adult:
- 3 to 15 years in prison for first-degree vehicular homicide
- Fines, probation, and a felony record
Even in juvenile court, the consequences are serious and can affect education and future employment.
How can a defense attorney help?
An experienced attorney can:
- Work to keep the case in juvenile court
- Challenge the evidence (e.g., accident reconstruction, BAC tests)
- Negotiate for reduced charges or alternative sentencing
- Advocate for rehabilitation over punishment
Early legal help is essential to protect the juvenile’s future.
FAQ: Juvenile Vehicular Homicide in Georgia
Can a 15-year-old really be charged with vehicular homicide?
Yes. Age is not a defense if the elements of the offense are met.
What if the death was accidental?
Vehicular homicide does not require intent to kill—just negligent or unlawful driving that causes death.
Can the juvenile go to prison?
If the case is transferred to adult court, yes. In juvenile court, incarceration is usually in a youth facility.
Will this stay on their record forever?
Juvenile records may be sealed or restricted later, but adult felony convictions are permanent.
Can parents be held responsible?
Not typically for criminal charges, but they may face civil liability in a wrongful death lawsuit.
Has your child been charged in a fatal accident? Hines Law can help.
We defend juveniles and young drivers facing serious charges in Cobb County, Fulton County, Dekalb County, Clayton County, Gwinnett County, and Hall County. Call 1 404-226-4236 for a free and confidential consultation.