Vehicular Homicide

Police officers don’t normally charge a driver with criminal charges in a traffic accident. However, if someone dies in an Ohio car accident it is not uncommon for the driver to be charged with a serious criminal offense. For example, if a driver kills someone while driving negligently or speeding in a construction zone, he can be charged with vehicular homicide.  If you have an Ohio DUI case or are charged with vehicular homicide, you should consider talking to a top Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI or a traffic-related criminal offense. An experienced Ohio DUI lawyer may be able to prevent that from happening.

In Ohio, vehicular homicide is a serious criminal charge. A conviction brings the following potential penalties:

• A mandatory jail sentence
• Expensive fines
• Mandatory suspension of Ohio driver’s license
• Points on one’s driver’s license
• Disqualification of Ohio CDL
• A permanent criminal record
• Loss of job
• Liability in a civil lawsuit
• Increased vehicle insurance rates

Specific Types of Ohio Vehicular Homicide Convictions

Depending on a number of factors, Ohio vehicular homicide is sometimes charged as a felony of the fourth degree and sometimes it’s charged as a misdemeanor of the first degree. The ways in which vehicular homicide can be charged in Ohio, along with the corresponding penalties, are as follows:

Ohio Vehicular Homicide as a Misdemeanor of the First Degree

Vehicular homicide is a first degree misdemeanor in Ohio if the driver causes the death of another while driving negligently or while speeding in a construction zone. Upon conviction, the possible sentence includes a mandatory term of incarceration up to six months, a maximum fine of $1,000, and a mandatory Ohio license suspension that could last for a maximum of ten years.

Ohio Vehicular Homicide as a Felony of the Fourth Degree

Vehicular homicide in Ohio is a felony of the fourth degree if the driver causes the death of another while driving negligently or while speeding in a construction zone along with an aggravating circumstance. The aggravating circumstance can be any one of the following: (a) driver was driving under an Ohio DUI/OVI license suspension at the time of the accident; (b) driver was driving without a valid license because of a prior Ohio DUI/OVI/drinking and driving offense at the time of the accident; (c) driver has prior conviction for vehicular assault or aggravated vehicular assault; or (d) driver has prior conviction in any Ohio traffic-related homicide, manslaughter or assault offense.

In any of these situations, the offense is a fourth degree felony, punishable by a mandatory prison sentence up to 18 months. In addition, the driver faces a fine of up to $5,000 and a mandatory Ohio license suspension that may last up to ten years.

Common Mistakes in Ohio DUI/OVI Investigations

No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers knows this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples.  These witnesses are human and they make mistakes. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?

There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.