Q: In Ohio, are Vehicular Assault and Vehicular Homicide based on committing OVI
A: Sometimes. There are various ways to commit the offenses of Vehicular Assault and Vehicular Homicide in Ohio. One of those ways is to commit the offense of OVI (Operating a Vehicle under the Influence). The charge of Aggravated Vehicular Assault is committed when one person causes serious physical harm to another person as the proximate result of committing a violation of Ohio Revised Code section 4511.19 (OVI). The charge of Aggravated Vehicular Homicide is committed when one person causes the death of another person as the proximate result of committing a violation of Ohio Revised Code section 4511.19 (OVI).
Q: In what ways can the prosecution prove OVI in Ohio cases of Vehicular Assault and Vehicular Homicide
A: There are two ways the prosecution may prove the driver committed the offense of OVI in a case of Aggravated Vehicular Assault or Aggravated Vehicular Homicide.
The first way is called OVI “Impaired”. The prosecution must prove the person operated a vehicle ‘under the influence’ of alcohol and/or drugs. A person is considered ‘under the influence’ if the alcohol or drug affected the nervous system, brain, or muscles to noticeably impair actions, reactions, or mental processes – which impaired the person’s ability to operate a vehicle. For the “impaired” charge, the level of alcohol or drugs does not matter. All that matters is the alcohol or drugs impaired the person’s ability to drive.The second way is called OVI “Per Se”. The prosecution must prove the person operated a vehicle with a prohibited concentration of alcohol or drugs in their blood, breath, or urine. For the “per se” charge, it does not matter whether the alcohol or drug was impairing the ability to drive. All that matters is the person had a prohibited concentration of alcohol or drugs in their system (they were over the ‘legal limit’) when they operated the vehicle.Q: Can a person be convicted of both OVI and Vehicular Assault or Vehicular Homicide
A: Yes. In Ohio, it is common for a defendant to be charged with OVI and Vehicular Assault or OVI and Vehicular Homicide. The jury (or judge) can find the defendant guilty of both charges. In addition, the judge can sentence the defendant on both charges and order that the terms of incarceration run consecutively (one after-the-other).
Q: What type of attorney represents clients for OVI and Vehicular Assault/Vehicular Homicide in Ohio
A: A person charged with Vehicular Assault or Vehicular Homicide based on committing the offense of OVI should be represented by a criminal defense attorney with expertise in OVI defense. The attorney should have a solid understanding of the issues related to OVI, such as field sobriety testing and alcohol/drug testing.
The Dominy Law Firm attorneys have expertise in OVI defense. They have undergone training in issues related to impaired driving, including courses in field sobriety testing and alcohol/drug testing. Our attorneys have applied that expertise in cases of Vehicular Assault and Vehicular Homicide which involve allegations of impaired driving. If you have been charged with, or if you are being investigated for, one of these offenses in central Ohio, you may want to schedule a free phone consultation to discuss representation. You can do so by submitting a CONTACT FORM or by calling our office at 614-717-1177 .