Category Archives: DUI Felony

Information on felony OVI (aggravated vehicular homicide and aggravated vehicular assault) in Ohio.

Aggravated Vehicular Assault: What is Operation?

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”

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Ohio Felony DUI Law: Aggravated Vehicular Homicide

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, [Read the full post. . .]

Ohio’s Felony OVI Look-Back Rule

felony oviOhio has established a twenty year felony OVI look-back period.

A sixth or greater OVI (drunk driving) offense within a twenty year look-back period is a fourth degree felony OVI. R.C. 4511.19(G)(1)(d).  Another harsh provision under Ohio OVI  law is the “once a felony, always a felony” rule contained in R.C. 4511.19(G)(1)(e), meaning that any future DUI regardless of how many years have passed is charged as a third-degree felony.  This means that if you have [Read the full post. . .]

Ohio DUI Laws: An Overview

ohio dui lawsThis post collects together in one place many of the Ohio DUI Laws that arise in drunk driving cases.  

Some Ohio DUI laws are listed because law enforcement will charge these offenses to establish probable cause for pulling over your vehicle.  If you need to find out more about a specific law, or how the statute has been interpreted or applied, call Charles M. Rowland II at (937) 318-1384 or read about the specific Ohio DUI law at the Ohio [Read the full post. . .]

Wrong Way Crashes and DUI

wrongway1A new study commissioned on behalf of the Ohio State Highway Patrol concluded that more than half of wrong-way drivers were suspected of alcohol or drug impairment.  According to the study, 60 wrong-way collisions between January 2011 and April 2013 resulted in 31 deaths.

Some notable findings in the report:

> The death rate in wrong-way collisions (37 percent) was more than 100 times higher than in all crashes on Ohio roadways (0.35 percent) during the reporting period.
> 57

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