Question: How does a person involved in a wreck, that wasn’t driving be charged with vehicular homicide in the first degree? Two people were in a wreck. The driver died, the passenger lived but is charged with vehicular homicide in the 1st degree.

Answer: Your question is very short on facts that would give enough details to be able to give an informed answer. Based on my experience, it would appear that the investigating law enforcement agency believes that the “passenger” was actually the Driver of the vehicle. These cases are usually investigated by a GA State Patrol SCRT TEAM. All types of evidence can be used to determine who was driving the vehicle – witness statements and injuries sustained in the wreck (such as bruises from seatbelts) are often used to determine the driver. I would advise the “passenger” to retain the best Criminal Defense Attorney that is available to them – ASAP!!! Vehicular Homicide 1st Degree is a very serious charge and the passenger needs competent representation – NOW! Good Luck!!