Tag Archives: felony dui

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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Kettering DUI – What Is Going To Happen To Me?

A first offense Kettering DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense DUI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations.  A…
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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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First Offense DUI – What To Expect

A first offense DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense DUI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as "per…
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Wrong Way Crashes and DUI

A 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…
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DUI Science and Blood Contamination

The practice of modern DUI law involves understanding the various scientific tests that have become commonplace in forensic collection and storage of specimens for alcohol analysis.  Specifically, DUI attorneys must understand that contamination can increase the concentration of ethanol in a specimen.  Typically, contamination takes one of two forms.  The first is straight-forward physical contamination…
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Aggravated Vehicular Homicide, O.R.C. 2903.06

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…
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Warren County Ohio Courts (An Overview)

Several courts serve Warren County, Ohio.  Frequently, we encounter questions about where a Warren County DUI case will be heard.  Here is an overview of all of the Warren County, Ohio courts complete with links and other important information. Warren County Common Pleas Court (hearing all felony offenses in Warren County) located at 500 Justice…
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What Constitutes a Felony DUI in Ohio?

Ohio has enacted two “look-back” statutes which enhance the penalties for a DUI; a six year look-back and a twenty year look-back.  This post will focus on when a DUI becomes a felony.  For a complete list of penalties for DUI offenses check out my previous article OHIO OVI PENALTIES. Six Year Look-Back If you…
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