Category: DUI Felony

juvenile dui

Ohio Supreme Court Address Juvenile Prior OVI Offenses

00DUI Case Law, DUI Felony, DUI Under 21/Juvenile, Prior OffensesTags: , , , , , , ,

In State v. Bode, 144 Ohio St.3d 155, 2015-Ohio-1519, the Ohio Supreme Court decided an issue affecting juveniles and the ability of the state to enhance a DUI charge based on prior juvenile adjudications.

As a juvenile, the defendant was arrested for violating an equivalent offense 4511.19(A)(1)(a), colloquially referred to as a DUI charge. He was not represented by counsel. By 2011 Bode had been convicted of three more DUI charges. In 2011, Bode was indicted for and convicted of felony DUI charges. The cases were felonies because of Ohio enhancement statute R.C. 4511.19(G)(1)(d), which relied on his prior juvenile offense to enhance his charged to a felony. In Ohio, if you accumulate “five or more” DUI offenses within a twenty (20) year period, you may be charged with a felony of the fourth degree.  Here, the government was attempting to use his juvenile offenses as one of the “five or more.”

The defense argued that because he did not waive his right to counsel at his 1992 juvenile adjudication, the state should not be allowed to use that disposition against him. In a narrow 4 to 3 decision, the Ohio Supreme Court agreed. Relying heavily upon well-recognized Due Process cases, the court did not accept the state’s argument that since he was not incarcerated in the 1992 adjudication, he should not have been afforded counsel. The opinion, in dicta, also shows continued life for the collateral attack of a prior sentence under the State v. Brooke, 113 Ohio St.3d 199, 2007-Ohio-1533 analysis.

This case highlights the necessity of hiring an experienced and credentialed attorney who practices in the field of DUI defense. At DaytonDUI, Charles M. Rowland II has over 20 years experience helping people accused of driving under the influence. Call today!

4th Amendment

Ohio OVI Law: Aggravated Vehicular Homicide

00DUI Felony

Ohio OVI Law

Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19) or while driving negligently or recklessly. The aggravated vehicular homicide statute encompasses driving an automobile recklessly or negligently (called vehicular homicide) whether or not alcohol played a part in the death. Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.

Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is under suspension at the time of the offense. Aggravated vehicular homicide, when impaired as defined in R.C. 4511.19, is a second degree felony which rises to a first degree felony if the driver was under suspension at the time of the offense. Penalties include mandatory prison terms with a penalty of up to 10 years in prison and a $20,000 fine for the 1st degree felony and prison up to 8 years and a fine up to $15,000 for the 2nd degree felony. If drunk driving (now called OVI; operating a vehicle while impaired) has been charged as the proximate cause of the death, the penalties become mandatory and are very difficult to get reduced or lowered. Often, these cases are high-profile cases engendering much prejudice toward the defendant.

felony ovi

Felony OVI Prompts Questions Over Juvenile’s Right To Counsel

00DUI Felony, DUI Under 21/JuvenileTags:

Yesterday, the Ohio Supreme Court ruled in a felony OVI case that a juvenile has a right to counsel at every stage of a legal proceeding.  State v. Bode, Slip Opinion No. 2015-Ohio-1519.

As stated in CourtNews, the court held that, “If confinement is a possible punishment for a juvenile, the juvenile must have waived his or her right to an attorney before the adjudication can be used to enhance a later adult conviction for driving under the influence of drugs or alcohol (OVI), the Ohio Supreme Court held.”

In this case, the court determined that the 2011 sentence for Jason T. Bode was wrongly enhanced when a juvenile OVI offense was counted as one of five prior OVI convictions. State law elevates an OVI misdemeanor offense to a fourth-degree felony OVI if the offender previously pled guilty to or was convicted of five or more OVI violations. However, the Supreme Court concluded that Bode’s juvenile adjudication could not be counted because he had no attorney during the juvenile proceeding and had not waived his right to counsel.

Justice Lanzinger explained that a juvenile adjudication can be counted when determining whether an offender has had five OVI convictions under R.C. 4511.19(G)(1)(d) because state law considers a juvenile adjudication to be a “conviction” when imposing a sentence for later offenses.

felony OVIIf you face a felony OVI or juvenile OVI charge, contact Charles M. Rowland II at (937) 318-1384 today.

Aggravated Vehicular Assault: What is Operation?

00DUI FelonyTags: , , , , , , , , , , , , , , , , ,

aggravated vehicular assaultIn order to convict a person of Aggravated Vehicular Assault, the State is required to prove, beyond a reasonable doubt, that, “while operating * * * a motor vehicle, * * * cause[d] serious physical harm to another person * * * [a]s the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code * * *.” R.C. 2903.08(A)(1)(a).

The Ohio Jury Instructions with respect to vehicular assault provide a definition of “operate” which mimics that found in R.C. 4511.01(HHH).  The definition of “operate” in R.C. 4511.01(HHH) encompasses past or completed movement of a vehicle.  Ohio Jury Instructions, CR Section 503.08 (Rev. Jan. 23, 2010); State v. Lindsey, 190 Ohio App.3d 595, 2010-Ohio-5859, 943 N.E.2d 613, ¶ 22 (10th Dist.).

In State v. Miranda, 2014-Ohio-5312, the issue before this court was whether a defendant may be found to be “operating” a vehicle where that vehicle has been rendered inoperable as a result of the defendant’s driving under the influence of alcohol.

Miranda urged the court to interpret “while operating” in a strictly temporal sense, so as to require Miranda to have been actually operating the Prism at the time of the collision with the victim’s car. The State urged the court to apply the definition of “operate” set forth in R.C. 4511.01(HHH): “‘Operate’ means to cause or have caused movement of a vehicle, streetcar, or trackless trolley.”

Based on the law and analysis given above the court agreed with the broader definition of “operate” as set forth above and upheld the defendant’s conviction of Aggravated Vehicular Assault.

Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.

“All I do is DUI defense.”

For more info on Ohio Aggravated Vehicular Assault law, check these city-specific sites at the following links:
Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Springboro, Oakwood, Beavercreek, Centerville

Keywords: Ohio DUI law, Ohio Aggravated Vehicular Assault

Ohio Felony DUI Law: Aggravated Vehicular Homicide

00DUI FelonyTags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

aggravated vehicular homicideThe most tragic cases we handle are cases involving a charge of aggravated vehicular homicide.

Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The aggravated vehicular homicide statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.

Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is under suspension at the time of the offense.  Aggravated vehicular homicide, when impaired as defined in R.C. 4511.19, is a second degree felony which rises to a first degree felony if the driver was under suspension at the time of the offense. Penalties include mandatory prison terms with a penalty of up to 10 years in prison and a $20,000 fine for the 1st degree felony and prison up to 8 years and a fine up to $15,000 for the 2nd degree felony.  If drunk driving (now called OVI; operating a vehicle while impaired)  has been charged as the proximate cause of the death, the penalties become mandatory and are very difficult to get reduced or lowered.  Often, these cases are high-profile cases engendering much prejudice toward the defendant.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

Aggravated Vehicular Homicide information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville