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DUI Accidents and Ohio Law (Aggravated Vehicular Homicide & Aggravated Vehicular Assault)

March 14th, 2012

If you are involved in an accident while driving under the influence in Ohio you face very harsh penalties.

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 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.

Aggravated Vehicular Assault, O.R.C. 2903.08 is the crime of causing serious physical harm to a person while violating Ohio’s drunk driving statute.  Aggravated vehicular assault is a felony of the third degree.  Aggravated vehicular assault is a felony of the second degree if any of the following apply:

(a) At the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code.

(b) The offender previously has been convicted of or pleaded guilty to a violation of this section.

(c) The offender previously has been convicted of or pleaded guilty to any traffic-related homicide, manslaughter, or assault offense.

(d) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 4511.19 of the Revised Code or a substantially equivalent municipal ordinance within the previous six years.

(e) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.

(f) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.

(g) The offender previously has been convicted of or pleaded guilty to three or more prior violations of any combination of the offenses listed in division (B)(1)(d), (e), or (f) of this section.

(h) The offender previously has been convicted of or pleaded guilty to a second or subsequent felony violation of division (A) of section 4511.19 of the Revised Code.

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.   If you are involved in a drunk driving accident you become a target for victims of personal or property damage.  Many times the societal approbation against drunk driving will motivate someone to seek revenge to assure that you are punished for your negligent and reckless behavior.

If you are facing a DUI charge and your case involves an accident where in people have been hurt, it is time to hire someone who has been successful in trying aggravated vehicular homicide cases.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Visit www.DaytonDUI.com, or get immediate help by filling out the CONTACT form on any of these pages.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

 

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Unintended Consequences of an Ohio DUI Charge

January 6th, 2012

A drunk driving charge can affect you in ways that you may not expect. Listed below are some of the more vexing issues associated with an Ohio DUI (OVI).

1. Child Custody – If you are involved in a custody dispute, or have a vindictive spouse who would like to start one, a DUI/OVI conviction can be used against you in domestic relations court.  Automatic suspensions may make it difficult to exercise visitation with your children.  You may also find a court who will refuse to let you transport the children due to a DUI/OVI conviction, thereby increasing the cost or difficulty in seeing your kids.  Visit www.OhioDivorceAttorney.com for issues involving child custody. MADD has advocated putting a provision in every divorce decree calling for immediate suspension of parental rights if the parent if found to be driving while intoxicated.

2. Adoption – Some investigating agencies will use a DUI/OVI conviction against a party seeking to adopt children.

3. Car Insurance - Some companies will drop you if you have a drunk driving conviction and others may deny claims.  Others raise rates dramatically and still other companies force you to buy “high risk” insurance.  You can expect higher costs and less coverage for your dollar.

4. Employment – Given the societal stigma of a DUI/OVI, many companies will terminate an employee who is charged or convicted of an OVI.  Particularly vulnerable employees include those who drive company cars, those who drive between states for their jobs, those who are covered by fleet insurance and those who have management jobs.  In this tough job market you want to check your employment handbook for any reporting obligations a DUI/OVI require.  You have to decide if the employer needs to know, or, if they will be placated by telling them that you are aggressively fighting your charge.

5. Professional Licenses – Are you a doctor, lawyer, nurse, daycare worker, cosmetologist, private security, barber or any other many other workers required by your state to hold a professional license?  Do you hold a security clearance?  Holders of a professional license may face a range of sanctions for a DUI/OVI conviction, including mandatory alcohol counseling, fines, probationary discipline, license review, denial of a license or revocation of an existing license.  Obviously, you should fight your DUI/OVI charge with vigor to avoid these devastating results.

6. Civil Lawsuits – If you are involved in a drunk driving accident you become a target for victims of personal or property damage.  Many times the societal approbation against drunk driving will motivate someone to seek revenge to assure that you are punished for your negligent and reckless behavior.

7. Pilot’s License – Those holding an FAA Airman’s Certificate are subject to reporting and disclosure requirements.  A DUI is a “motor vehicle action” pursuant to section 61.15 of the FAA Aviation Regulations.

8. Military Induction – The ramifications of a DUI/OVI may prevent or delay induction into the military.  Recruiters are loathe to interfere with an order of any court.

9. Educational (College) Problems – Many colleges, depending on the facts of the case and whether or not the DUI was on school property, will haul you before a disciplinary committee when you are convicted (in some cases charged) with a DUI/OVI offense.  These sanctions are further complicated if you are applying to a college or university.

10. Travel - Canada’s Immigration and Refugee Protection Act may prevent entry into Canada following an OVI conviction. [see previous articles on this topic]  You may also face travel restrictions if you engage in travel to sensitive places.

11. Immigration Issues – DUI/OVI is not a crime of violence but may still carry immigration issues.  Make sure your attorney can get advise from a competent immigration attorney.

12. Commercial Drivers – See the numerous articles I have written on the plight of professional drivers who face the loss of their careers even when driving a non-commercial vehicle on their own time.

13. Teachers and Education Majors - First the good news, usually an OVI arrest will usually not result in disciplinary action – BUT IT CAN!  In Ohio, a Teacher, Principal, or School Administrator, who is licensed by the Ohio Department of Education (ODE), may face Disciplinary Action for being arrested for DUI.  The circumstances surrounding the arrest may garner publicity if you are a well-known or long-tenured educator.  The internal politics of your school may cause a fellow teacher, a school board member or a member of the public to contact the Ohio Department of Education to trigger an investigation.  If an investigation is initiated, the Ohio Department of Education will not wait for an outcome, but will proceed to impose discipline independent of the outcome of your case.  Factors that may affect your DOE investigation may include whether the offense is a repeat offense, whether the offense involves illegal drugs and/or whether the case results in a conviction.   While there are no hard and fast rules, the more mitigation you are prepared to present to the DOE, the better the chance to avoid discipline and keep your job.

14. Enhancement – A DUI/OVI in Ohio is never expungeable and will follow you for 6 years for enhancement purposes.  This means that if you are convicted of a second OVI within 6 years you will face harsh enhanced penalties.  A DUI/OVI will also require you to submit to a chemical test (no-refusals) for 20 years following a conviction.

Given all the above, many times the most difficult aspect of a DUI/OVI is telling those people you love you have been charged.  The National Highway Transportation Administration, MADD, The Century Council, schools and colleges all spend millions of dollars on educational programs and television commercials stigmatizing the act of drunk driving.  DUI clients are perceived as guilty without a presumption of innocence afforded to most defendants.  Furthermore, it causes stress and financial concerns in families that can cause minor fissures to become major cracks.  If you find yourself charged with a DUI/OVI please contact a competent criminal defense attorney who can protect you from this many-tentacled beast.  Charles M. Rowland II has dedicated his practice to representing the accused drunk driver.  Contact him immediately at 937-879-9542 or 1-888-ROWLAND

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Posted in DUI & College, DUI & Military Issues, DUI & Pilots, DUI & Teachers, DUI Felony, DUI Penalties, DUI Trucking & CDL, DUI Under 21/Juvenile, Ohio Traffic Law

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Aggravated Vehicular Homicide, O.R.C. 2903.06

December 19th, 2011

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 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.  This  is the time to hire someone who has been successful in trying aggravated vehicular homicide cases.  Call Charles Rowland at 937-318-1DUI (318-1384).

If you’ve been arrested on charges of aggravated vehicular homicide, it’s essential to talk to an attorney about your case before talking to investigators. Charles Rowland has represented felony defendants in Dayton and throughout the Miami Valley.  To schedule a confidential consultation to discuss your case contact Charles Rowland at 937-318-1DUI (318-1384).  Charles Rowland, “All I Do is DUI defense.“

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The 20 Year Look-back Provisions of Ohio DUI Law

July 7th, 2011
chain handcuffs

If you accumulate a sixth or greater DUI/OVI offense within a twenty year look-back period, you can be charged with a fourth degree felony. R.C. 4511.19(G)(1)(d).  Another harsh provision under Ohio 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 many years of sobriety in between DUI convictions, you still face a felony rather than having your case treated as a first-in-six misdemeanor offense.

DUI defense attorneys have challenged the constitutionality of these look-back provisions on the grounds that they violated due process and that they are a retroactive application of laws.  In State v. Miccap, 2006-Ohio-2854 (Ohio Ct. App. 9th Dist, Summit County), the 9th District Court of Appeals rejected these arguments and upheld the enhanced punishments.  It stated that the penalties imposed were not enhancements punishing prior conduct, but punishing any violations that occur after enactment of the enhancement provision.  In State v. Brooke, 113 Ohio St.3d 199, 863 N.E.2d 1024 (2007), the court upheld the right of a defendant to challenge whether or not a prior conviction was conducted in accordance with the rule of law.  For a complete discussion of Attack on prior convictions, see Ohio Driving Under the Influence Law, Weiler & Weiler J., 2009-2010 ed., pp 333-335.

Dayton/Springfield OVI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at2190 Gateway Dr.,Fairborn,Ohio45324.

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Juvenile DUI Addressed in Ohio Supreme Court

July 6th, 2011
Self made photo, taken August 05.

The issue the Ohio Supreme Court addresses in State v. Adkins, 2011-Ohio-3141  is whether a pre-January 1, 1996 juvenile adjudication can be considered one of the five prior similar offenses necessary to enhance an R.C. 4511.19(A)(1)(a) charge for operating a motor vehicle while under the influence of alcohol (“OVI”). Under R.C. 4511.19(G)(1)(d), an OVI is a fourth-degree felony if the defendant has been convicted of or pleaded guilty to five OVIs in 20 years.  Effective January 1, 1996, the Ohio legislature passed a new law making a prior juvenile adjudication constitutes a prior conviction for purposes of R.C. 4511.19(G)(1)(d).

PROCEDURAL HISTORY

On September 14, 2007, defendant-appellant, Gary Adkins, was indicted for an OVI violation under R.C. 4511.19(A)(1)(a). Pursuant to R.C. 4511.19(G)(1)(d), he was charged with a fourth-degree felony based upon the allegation that he had been previously convicted of or pleaded guilty to five or more OVI offenses within the previous 20 years. Specifically, the indictment alleged that Adkins had been convicted of six prior OVI offenses, including a November 20, 1987 adjudication in Delaware County Juvenile Court, where Adkins had been adjudicated “a juvenile traffic offender as a result of Alcohol Concentration, Fleeing an Officer and Failure to Maintain Assured Distance.” Whether that adjudication could properly be considered a prior offense is the issue in this case.

LAW & ANALYSIS

The Ohio Supreme Court ruled that “R.C. 2901.08 did not change Adkins’s juvenile adjudication; it merely added another type of legal violation as an aggravating offense under R.C. 4911.19(G)(1)(d). Prior to the passage of R.C. 2901.08, at least one appellate court had held that juvenile adjudications could not be considered previous OVI convictions for purposes of enhancement. State v. Blogna (1990), 60 Ohio App.3d 141, 573 N.E.2d 1223, syllabus. In that case, the court held that the defendant’s delinquency adjudication could not be used as an enhancement under 4511.19 due to the difference between an adult conviction and a juvenile adjudication. Id. at 143. R.C. 2901.08 statutorily overturned that holding and clarified the law. It did nothing to Adkins’s record – it simply made clear that for enhancement purposes, courts could consider a juvenile adjudication as a conviction. ” The Court also refused to find application of the law an a retroactively applied law, holding, “[b]ecause R.C. 2901.08 is applied prospectively and is not unconstitutionally retroactive, we affirm the judgment of the court of appeals.”

Dayton DUI attorney Charles M. Rowland II regularly handles cases involving juvenile OVI offenders.  He has advocated for the sealing of records provisions of juvenile law be applied to prevent enhancements of further offenses and works tirelessly with families to address both the child’s case and the long-term ramifications of a juvenile OVI conviction.  If you know a child that could benefit from Mr. Rowland’s services, please visit www.DaytonDUI.com or call (937) 318-1384 or 1-888-ROWLAND to discuss the case.

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