Category Archives: DUI Felony

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

Ohio Supreme Court Address Juvenile Prior OVI Offenses

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…
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Ohio OVI Law: Aggravated Vehicular Homicide

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…
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Felony OVI Prompts Questions Over Juvenile’s Right To Counsel

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…
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Aggravated Vehicular Assault: What is Operation?

In 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…
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Ohio Felony DUI Law: Aggravated Vehicular Homicide

The 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…
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