17 July

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 collisions (37 percent) was more than 100 times higher than in all crashes on Ohio roadways (0.35 percent) during the reporting period.
> 57 percent of wrong-way drivers were men.
> Among age groups, 23 percent were from ages of 16-25, 21 percent were from 36-45 and 21 percent were over 65.
> Nearly half had no traffic convictions during the three-year period before the crash.
> When it came to male and female impaired driving, the genders were at 62 and 61 percent, respectively.

Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant’soperating 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.

O.R.C. 2903.08, Aggravated Vehicular Assault 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 our24/7 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 onTwitter 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.