Q: What types of defenses are there for Vehicular Assault and Vehicular Homicide in Ohio? A: The defense for each case must be individually developed because no two cases are the same. In general, there are three categories of defenses. First, there are defenses to the accusation the defendant caused the accident. Second, there are defenses to the accusation the defendant was ‘under the influence’. Third, there are defenses to the accusation the defendant was ‘over the limit’.
Q: What are defenses based on the cause of the accident?
A: For charges of Vehicular Assault and Vehicular Homicide in Ohio, the prosecution must prove the defendant’s operation of a motor vehicle caused serious physical harm or death to another person. The prosecution’s evidence of accident causation comes primarily from the accident investigation and accident reconstruction.
The defenses are designed to show the accident investigation and reconstruction were flawed, so the conclusions were incorrect. Examples of those defenses include: improper evidence collection, inaccurate measurements and diagrams, inaccurate witness statements, vehicle conditions and defects, human factors, miscalculations in equations, and faulty interpretation of black box data.Ø
Q: What are defenses based on being ‘under the influence’?
A: For charges of Aggravated Vehicular Assault and Aggravated Vehicular Homicide in Ohio based on the defendant being ‘impaired’, the prosecution must prove the defendant operated a vehicle ‘under the influence’ of alcohol and/or drugs. The prosecution’s evidence relies heavily on observations of witnesses, primarily police officers.
The defenses are designed to show the witness’ observations do not prove the defendant was ‘under the influence’. Examples of those defenses include: no proof of operation, lack of symptoms one would expect from a person ‘under the influence’, problems with field sobriety testing, unreliable drug recognition evaluations, unlawful arrest, inadmissible statements, and symptoms from a health condition or the accident.
Q: What are defenses based on being ‘over the limit’?
A: For charges of Aggravated Vehicular Assault and Aggravated Vehicular Homicide in Ohio based on the defendant being ‘over the limit’, the prosecution must prove the defendant operated a vehicle with a prohibited concentration of alcohol or drugs in his or her blood, breath, or urine. To prove the defendant’s alcohol and/or drug level was ‘over the limit’, the prosecution will introduce the results of a breath test, blood test, or urine test.
The defenses to the allegation you were ‘over the limit’ generally aim to exclude the test results from evidence or explain why the test results were inaccurate. Examples of those defenses include: BAC was not ‘over the limit’ at the time of operating the vehicle due to rising BAC, test result was affected by the defendant’s medical condition, unlawful arrest, instrument was not functioning properly at the time of the test, testing procedures were not followed, samples were not sealed and refrigerated, instrument was not properly calibrated, chain of custody was flawed, and records were not properly maintained.
The lawyers at the Dominy Law Firm understand the defenses to Vehicular Homicide and Vehicular Assault in Ohio. They wrote and edited the Ohio Vehicular Homicide Guide and the Ohio Vehicular Assault Guide, which each include over 100 defenses. Our firm represents clients for charges of Vehicular Homicide and Vehicular Assault in central Ohio. If you have been charged with one of these offenses, or if your are being investigated for one of these offenses, the Dominy Law Firm can help. To discuss representation for a case in central Ohio, you can arrange for a no-cost phone consultation by calling (614) 717-1177 or by submitting a CONTACT FORM.