Posts Tagged ‘aggravated vehicular assault’

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Repeat Offenders: Increased Penalties for Multiple OVIs in Ohio

September 20th, 2010
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A second offense OVI in Ohio will result in mandatory “party plates,” ignition interlock devises, a mandatory one year license suspension, mandatory drug/alcohol treatment and increases the mandatory incarceration period to ten (10) consecutive days minimum.  In addition, your vehicle will be immobilized (“clubbed”) for 90 days.  If you blow above a .17 or refuse to take the chemical test having had a prior offense within the past twenty (20) years, you will face a twenty (20) day mandatory incarceration period.  All second OVI offenses in Ohio are classified as a first degree misdemeanors.

On a third offense OVI (under .17), in addition to the penalties above, the mandatory incarceration period is raised to thirty (30) days and your car (if registered in your name) will be forfeited.  On a third low-tier OVI (under .17) you will have a mandatory fine of $850.  If over .17, or if you have a two refusals in the last twenty (20) years, you face sixty (60) days of mandatory incarceration. A third offense DUI (hi-tier and low-tier) is an unclassified misdemeanor.

A fourth offense OVI becomes a felony (F-4), and raises the minimum fine to $1,350 for tests below a .17.  Incarceration in a local facility (not prison) is permitted, but must be served for a minimum of sixty (60) days.  A high-tier (SUPER-DUI >.17) carries a 120 day mandatory incarceration period.

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.

For a previous post on aggravated vehicular homicide, please visit HERE.

For a previous post on aggravated vehicular assault and vehicular assault, please visit HERE.

See the following PENALTY CHART which is maintained by the honorable Jennifer P. Weiler in her work with the Ohio Supreme Court Judicial College.

If you are stopped on suspicion of drunk driving, contact Dayton DUI defense attorney Charles Rowland today at 937-318-1DUI (318-1384); 1-888-ROWLAND (888-769-5263); by texting DaytonDUI (one word) to 50500 or by visiting www.DaytonDUI.com.

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Ohio OVI Law: State v. Ridenour

August 30th, 2010
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State v. Ridenour, 2010-Ohio-3373, 4th District Court of Appeals

July 19: Here, the Defendant was involved in a fatal accident and law enforcement suspected OVI.  A trooper obtained a search warrant for the Defendant’s blood  from a Meigs County Judge.  This created an issue as the Defendant was being treated  in a hospital in neighboring Gallia County.  The resulting blood test revealed a BAC of .176.  Defendant challenged the faulty search warrant via a motion to suppress.  The motion was denied and the Defendant was convicted of Aggravated Vehicular Assault.

The 4th District Court of Appeals held that there was a  “technical” violation of Crim.R. 41(A), which states: “A search warrant authorized by this rule may be issued by a judge of a court of record to search and seize property located within the court’s territorial jurisdiction, upon the request of a prosecuting attorney or a law enforcement officer”, the technical violation does not require exclusion of the evidence.  The court indicated, in dicta, that it would have also permitted admission of the evidence under a Schmerber analysis.

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Ohio’s Habitual Offender Registry

August 25th, 2010
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If you have an OVI conviction after September 30, 2008 and you have four or more prior OVI (or equivalent) convictions in the past 20 years, you will be placed on the Ohio Habitual Offender Registry.  The Registry includes the name, address, and date of birth of offenders as well as their date of convictions.  The Registry is accessible to the public.  Offenders remain on the Registry until they no longer have five or more offenses within the past 20 years.

The following offenses constitute “equivalent offenses” for purposes of the statute: Physical Control Offenses (O.R.C. 4511.194); Misdemeanor OVI convictions (both test and refusal cases); OVUAC (underage/juvenile OVI); DUID (driving under the influence of drugs); OVI while operating under a Commercial Driver’s License; Vehicular Assaults (including aggravated vehicular assaults); Vehicular manslaughter; Involuntary manslaughter with alcohol; Vehicular homicide (including aggravated vehicular homicide);

If you face placement on Ohio’s Habitual Offender Registry, please CONTACT Dayton Ohio DUI lawyer Charles M. Rowland II at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or text DaytonDUI (one word) to 50500.  www.DaytonDUI.com has proudly served Dayton and the Miami Valley for over 15 years. “ALL I DO IS DUI DEFENSE”

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Ohio OVI Law: State v. Urso, (11th District)

May 17th, 2010

State v. Urso, 2010-Ohio-2151

This a bond case coming out of the Trumbull County Court of Common Pleas.  The defendant appeals an order  granting the state’s motion to deny him pretrial bail, pursuant to R.C. 2937.222..  The Court denied bond based on the fact that D had 14 prior OVI convictions: 1982 (agg. veh. homicide), ”83, 83, ”85, ”89,”90,”90,”96,”96,”97,”00,”03,”03,”06 (felony), and the current case, along with the fact that he hadn”t had a valid license since 1979 and many other factors.   The Court of Appeals found the trial court’s decision was justified in denying bond.

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Ohio OVI Law: Allied Offenses

April 23rd, 2010

State v. West, 2010-Ohio-1786, C. A. 23547 (OHCA2)

Defendant was indicted on one count of aggravated vehicular assault, R.C. 2903.08(A)(1), and one count of operating a motor vehicle with a prohibited concentration of breath alcohol. R.C. 4511.19(A)(1)(h), (G)(1)(a). Defendant filed a motion to suppress evidence, including her statements to the police. Following a hearing, the trial court overruled Defendant’s motion to suppress. Defendant also filed a motion to dismiss the indictment, which the trial court never ruled upon. Defendant subsequently entered pleas of no contest to both charges and was found guilty. The trial court sentenced Defendant to a mandatory prison term of one year and suspended her driver’s license for four years.

“A two-step analysis is required to determine whether two crimes are allied offenses of similar import. E.g. State v. Blankenship (1988), 38 Ohio.St.3d 116, 117, 526 N.E.2d 816; Rance, 85 Ohio.St.3d at 636, 710 N.E.2d 699. Recently, in State v. Cabrales, 118 Ohio.St.3d 54, 2008-Ohio-1625, 886 N.E.2d 181, we stated: ‘In determining whether offenses are allied offenses of similar import under R.C. 2941.25(A), courts are required to compare the elements of offenses in the abstract without considering the evidence in the case, but are not required to find an exact alignment of the elements. Instead, if, in comparing the elements of the offenses in the abstract, the offenses are so similar that the commission of one offense will necessarily result in commission of the other, then the offenses are allied offenses of similar import.’ Id. at paragraph one of the syllabus. If the offenses are allied, the court proceeds to the second step and considers whether the offenses were committed separately or with a separate animus. Id. at ¶ 31.” State v. Williams, 124 Ohio.St.3d 381, 2010-Ohio-147, at ¶16.

Ohio’s Second District Court of Appeals held that: The elements of R.C. 2903.18(A)(1)(a) and 4511.19(A)(1)(h) do not exactly align when those two offenses are compared in the abstract, but they are allied offenses of similar import per R.C. 2941.25(A) nevertheless. That section requires merger of offenses when “the same conduct by defendant can be construed to constitute two” or more offenses. For purposes of a defendant’s criminal liability for an offense, conduct “includes either a voluntary act, or an omission to perform an act or duty that the person is capable of performing.” R.C. 2901.21(A).

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