Aggravated Vehicular Homicide

Police officers, sheriff’s deputies, and state highway patrolmen don’t normally charge a driver with criminal charges even when serious accidents occur. However, if someone dies during an Ohio traffic accident, there are many charges available for the police to pursue. For example, if a driver causes the death of another while drinking and driving or committing an Ohio DUI/OVI, the driver will most likely face a charge of aggravated vehicular homicide. If you have an Ohio DUI case or an aggravated vehicular homicide charge, 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 aggravated vehicular homicide. An experienced Ohio DUI lawyer may be able to prevent that from happening.

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

• A mandatory prison sentence
• Expensive fines
• Lifetime Ohio driver’s license suspension
• A permanent criminal record
• Loss of job
• Liability in a civil lawsuit

Specific Types of Ohio Aggravated Vehicular Homicide Convictions

Depending on a number of factors, aggravated vehicular homicide in Ohio can be charged as a felony of the first, second or third degree. The ways in which aggravated vehicular homicide can be charged in Ohio, along with the corresponding penalties, are as follows:

Aggravated Vehicular Homicide as a Felony of the Third Degree

Aggravated vehicular homicide in Ohio is a third degree felony when the driver is convicted of causing the death of another while driving recklessly or while committing a reckless operation offense in a construction zone. Upon conviction, the possible sentence includes a mandatory prison term of up to five years, a maximum fine of $10,000, and a mandatory Ohio drivers license suspension that could last for the duration of the driver’s life.

Aggravated Vehicular Homicide as a Felony of the Second Degree

Aggravated vehicular homicide in Ohio is a felony of the second degree when the driver is convicted of causing the death of another while driving recklessly or while committing a reckless operation offense 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 or cancellation at the time of the accident; (b) driver was driving without a license at the time of the accident because of a prior Ohio drinking and driving conviction; or (c) driver has a prior conviction in any traffic-related homicide, manslaughter or assault offense.

In any of these situations, the offense is a second degree felony under Ohio law, punishable by a sentence in prison of up to 8 years. In addition, the driver faces a fine of up to $15,000 and a mandatory Ohio license suspension that may last for the duration of the driver’s life.

Aggravated vehicular homicide is also a felony of the second degree when the driver is convicted of causing the death of another while: (a) drinking and driving or committing a DUI/OVI; (b) drinking and boating; or (c) drinking and operating an airplane. Upon conviction, the driver faces a mandatory prison sentence up to eight years, a fine of up to $15,000 and a lifetime suspension of his Ohio driver’s license.

Aggravated Vehicular Homicide as a Felony of the First Degree

Aggravated vehicular homicide in Ohio is also a felony of the first degree when the driver is convicted of causing the death of another while: (a) drinking and driving or committing a DUI/OVI; (b) drinking and boating; or (c) drinking and operating an airplane. In addition, under Ohio law, one additional aggravating circumstance must be present to elevate the offense to a first degree felony. The list of additional aggravating circumstances is as follows: (a) driver has previously been convicted of aggravated vehicular homicide; (b) the driver was driving with a suspended, cancelled or revoked license because of a prior Ohio DUI/OVI or drinking and driving offense; (c) driver was driving without a driver’s license because of a prior DUI/OVI or drinking and driving offense; or (d) driver has a prior conviction for any traffic-related homicide, manslaughter or assault offense.

Aggravated Vehicular Homicide as a Felony of the First Degree with Special Sentencing Provisions

In certain circumstances, a driver who causes the death of another while committing an Ohio DUI, OVI or drinking and driving offense, may be sentenced to fifteen years of mandatory prison time. The potential circumstances are as follows: (a) driver has three or more convictions for Ohio DUI, OVI, drinking and driving, drinking and boating or drinking and flying an airplane within the past six years; (b) driver has three prior convictions for aggravated vehicular homicide in the past six years; (c) driver has three prior convictions for aggravated vehicular assault or vehicular assault in the past six years; (d) driver has three prior convictions of involuntary manslaughter, with an underlying offense of drinking and driving, within the past six years; (e) the driver has three or more convictions of any combination of the offenses listed above, including Ohio DUI, OVI or drinking and driving within the prior six years; or (f) driver has at least one prior felony DUI, OVI or drinking and driving conviction in Ohio.

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.