Police officers, sheriff’s deputies, and state highway patrolmen don’t normally charge a driver with criminal charges in an Ohio traffic accident. However, if someone dies in the accident it is not uncommon for the driver to be charged with a serious criminal offense, particularly if drinking and driving is involved. For example, if a driver kills someone while committing any minor misdemeanor traffic violation, he can be charged with vehicular manslaughter. If you have an Ohio DUI case or vehicular manslaughter 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 traffic-related criminal offense. An experienced Ohio DUI lawyer may be able to prevent that from happening.
Depending on a number of factors, vehicular manslaughter is sometimes charged as a misdemeanor of the second degree and sometimes it’s charged as a misdemeanor of the first degree. The ways in which vehicular manslaughter can be charged in Ohio, along with the corresponding penalties, are as follows:
Vehicular manslaughter in Ohio is a second degree misdemeanor when the driver is convicted of committing a minor misdemeanor traffic violation that causes an accident that causes the death of another. Examples of minor misdemeanor traffic violations include speeding, failure to signal a lane change and running a red light. Assuming no other aggravating circumstances, like drinking and driving, if convicted of Vehicular Manslaughter, the driver faces a jail sentence up to 90 days, a fine up to $750 and a mandatory Ohio license suspension of up to five years.
Vehicular manslaughter in Ohio is a first degree misdemeanor when the driver is convicted of committing a minor misdemeanor traffic violation that causes an accident that causes the death of another along with one of the following aggravating factors: (a) driver was driving under an Ohio DUI/OVI suspension at the time of the accident; (b) driver was driving without a license at the time of the accident because it was cancelled or revoked for a prior Ohio DUI/OVI conviction; or (c) driver has a prior conviction for any traffic-related homicide, manslaughter or assault offense. Upon conviction, the driver faces a jail sentence of up to 180 days, a $1000 fine and a mandatory Ohio drivers license suspension of up to five years.
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.
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.