Posts Tagged ‘mandatory jail time’

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

February 1st, 2013

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.

 

Ohio OVI Law – a definition

June 13th, 2010
Sample version of Ohio's DUI plate mandated on...
Image via Wikipedia

The term OVI (Operating a Vehicle while Impaired) is the latest acronym for the universally understood DUI; they mean the same thing.  Often you will find yourself charged with OVI offenses in two ways: the first is for testing over the per se limit, and the second charge for operating a vehicle while impaired. In Ohio driving under the influence includes driving while intoxicated with too much alcohol, or driving under the influence of a drug of abuse. The traditional offense is “driving under the influence of alcohol” (DUI). Ohio has also enacted a second, so-called “per se” offense: driving with an excessive blood-alcohol concentration (.08%). In Ohio, BOTH OVI offenses are usually charged just to allow the prosecutor some discretion in pursuing his or her case.

A jury instruction which is given at every Ohio DUI trial states,

  • UNDER THE INFLUENCE. “Under the influence means that the defendant consumed some (alcohol)(drug of abuse)(alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the defendant’s actions, reactions, or mental processes under the circumstances then existing and deprived him of that clearness of intellect and control of himself which he would otherwise have possessed. The question is not how much (alcohol)(drug of abuse)(alcohol and a drug of abuse) would affect an ordinary person. The question is what effect did any (alcohol)(drug of abuse)(alcohol and a drug of abuse), consumed by the defendant, have on him at the time and place involved. If the consumption of (alcohol)(drug of abuse)(alcohol and a drug of abuse) so affected the nervous system, brain, or muscles of the defendant so as to impair, to an appreciable degree, his ability to operate the vehicle, then the defendant was under the influence.

Driving with a prohibited concentration of alcohol in your blood breath or urine is a separate offense under Ohio OVI law. If you have ever heard anyone refer to “blowing above a .08” they are referring to the most common test administered by law enforcement today, the breath test. Ohio Revised Code section 4511.19 sets forth the elements of Ohio’s tough OVI law. The Ohio legal limit for persons 21 and over is any of the following:

  • .08 or more by weight of alcohol in blood;
  • .08 of one gram or more by weight of alcohol per two hundred ten liters of breath;
  • .11 of one gram or more by weight of alcohol per one hundred milliliters of urine;
  • .17 of one per cent or more by weight of alcohol in the person’s blood:
  • .17 of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath:
  • .238 of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.

The .17 threshold is used to enhance the penalties for “higher test” offenders, doubling the mandatory OVI jail time at each tier of the sentencing.  You may hear these high tier OVI cases referred to as “SUPER OVIs” or as OVIs requiring mandatory minimum jail time on a first offense.

As can be seen from the definition provided to the jury, some subjectivity does come into play. A skillful prosecutor will attempt to narrow this definition. It will be up to your attorney to demonstrate to the jury that your ability to drive was not impaired at the time of you OVI arrest. It is important to understand that you can be in violation of the law by simply being under the influence. The officer does not need to test your blood breath or urine if he/she believes that sufficient evidence exists for your arrest. Current Ohio OVI law makes driving with above a .08% concentration of alcohol a separate offense for which you can be convicted. The law prevents “operation” of a “vehicle, streetcar, or trackless trolley” “anywhere in the state.” “Operation” of the vehicle can include pulling over to the side of the road to “sleep it off” while the car is running and can include simply sitting behind the wheel of the vehicle with the motor off and the key in the ignition. Besides a car, truck or van a person can be found guilty of OVI in Ohio by “operating” a bicycle, a snowmobile, or a golf cart. Unlike other laws which require operation of the vehicle on public highways or areas open to the public, DUI. convictions can come “anywhere in the state.” Convictions have been upheld for operation on a private shopping center parking lot, a private driveway or your own property.

Charles M. Rowland II has worked hard to amass the skills, credentials and experience necessary to fight and win your Ohio OVI case.  He provides this information so that you will feel empowered and will be informed enough to make the best decision in hiring competent OVI counsel.  If you have been arrested in Ohio on charges of OVI, it is important that you consult an attorney right away.  Charles M. Rowland is available 24/7 at 937-776-2671 (DUI Hotline); during business hours at 937-218-1DUI (318-1384) or 1-888-ROWLAND (888-769-5263); text DaytonDUI (one word) to 50500 for immediate help on your cell phone; or you can follow DaytonDUI on Twitter or Dayton DUI/OVI defense on Facebook.  Charles M. Rowland II limits his practice to the representation of the accused drunk driver.  “All I Do Is DUI Defense.”

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Dayton Sobriety Checkpoint is a Bust

November 1st, 2009
A sobriety checkpoint in East Haven, CT. Also ...
Image via Wikipedia

The sobriety checkpoint Friday, Oct. 30 on North Dixie Drive produced only three arrests for operating a vehicle while intoxicated.  Other citations included nine charges for driving under suspension or without a license, and 21 other violations, including traffic, seat belt and child restraint issues.

The checkpoint was set up from 8 p.m. to midnight Friday by the Montgomery County Sheriff’s Office, the Ohio State Highway Patrol and the Montgomery County Combined Agency O.V.I. Task Force, and included saturation patrols in the area surrounding the checkpoint. The sheriff’s office and task force plan extra patrols throughout the Halloween weekend.

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Xenia DUI Defense

October 28th, 2009
Greene County Courthouse IMG_3775
Image by OZinOH via Flickr

You may be thinking, I’m in trouble, I’m going to lose my license, and I may even end up in jail after my  DUI arrest in Xenia. The truth is if you are convicted of DUI (now called OVI) in Ohio, there are serious consequences according to Ohio drunk driving laws. But what you may not realize is that there defenses in a DUI case. A good DUI lawyer can save you from harsh consequences. Remember, this isn’t an open and shut case. There are ways to defend a DUI. That’s why right now is the best time tocontact experienced attorney Charles M. Rowland II. He knows all about Xenia DUI laws and can help you build a defense.  Contact Charles M. Rowland II today at 937-318-1DUI or 1-888-ROWLAND; via text by texting DaytonDUI (one word) to 50500 or by visiting www.XeniaDUI.com.

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No DUI/OVI Checkpoints Tonight for Dayton, Fairborn, Beavercreek, Springfield or Xenia, Ohio

October 23rd, 2009
The Constitution in Peril
Image by Renegade98 via Flickr

I have checked with WHIO News, the Greene County Ohio State Highway Patrol Post, the Montgomery County Ohio State Highway Patrol Post, the Clark County Ohio State Highway Patrol Post, the Greene County Sheriff and all the other media sources.  All report that there will be no sobriety checkpoints this weekend (Oct 23-25).

You can keep abreast of all checkpoints in the Miami Valley by following me on Twitter: www.twitter.com/DaytonDUI.  Have a safe weekend!

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