Vehicular Homicide Offenses And Penalties In Ohio

Offenses & Sentences For Vehicular Homicide In Columbus And Central Ohio

The term ‘vehicular homicide’ is often used to generally describe an offense in which someone causes the death of another person with a vehicle. Ohio law actually has three separate offenses: (1) Aggravated Vehicular Homicide; (2) Vehicular Homicide; and (3) Vehicular Manslaughter. Each offense has varying levels with distinct sentences that depend on how the offense is committed and the record of the offender. If you are accused of this type of offense, a Columbus Vehicular Homicide lawyer possessing experience in central Ohio courts can help.

Aggravated Vehicular Homicide

The prosecution must prove that, while operating a vehicle (including a boat or aircraft), you caused the death of another person in one of the following ways: (1) as a proximate result of operating a vehicle under the influence of alcohol or drugs; (2) recklessly; or (3) as the proximate result of committing a reckless operation offense in a construction zone. The sentence for this offense depends on how the offense is committed (which of those three ways) and the defendant’s record.

If this offense is committed by operating a vehicle recklessly, or by committing a reckless operation offense in a construction zone, Aggravated Vehicular Homicide is a third degree felony, and the potential sentence includes a prison term of one year to five years, as well as a mandatory license suspension for three years to life.

• This offense is elevated to a second degree felony, punishable by up to eight years in prison, if any of the following apply: (1) driving with no license or suspended license; (2) prior conviction for Vehicular Homicide or any traffic-related homicide, manslaughter, or assault offense.
• The prison term for this offense is mandatory if either of the following apply: (1) prior conviction for Vehicular Homicide or Involuntary Manslaughter; or (2) driving with no license or suspended license.
• The license suspension for this offense is elevated to a suspension for life if the offender has a prior conviction for a traffic-related murder, felonious assault, or attempted murder.

If this offense is committed by operating a vehicle under the influence, the offense level and prison terms are determined by the number of prior convictions for OVI and/or traffic-related homicide/manslaughter/assault offenses. There is also a mandatory license suspension for life and a fine of up to $25,000. The following table summarizes the offense level and prison terms for Aggravated Vehicular Assault committed by operating a vehicle under the influence.

Reagan Tokes Law: For an offense which is a first-degree felony or a second-degree felony, the Ohio Department of Rehabilitation and Correction may add prison time to an inmate’s sentence for certain misbehavior. The maximum prison time which may be added is 50% of the definite prison term imposed by the judge.

Vehicular Homicide

The prosecution must prove that, while operating a vehicle (including a boat or aircraft), you caused the death of another person in one of the following ways: (1) negligently; or (2) as the proximate result of committing a speeding offense in a construction zone. The sentence for this offense depends on how the offense is committed (which of those two ways) and the defendant’s record.

• If this offense is committed by operating a vehicle negligently, Vehicular Homicide in Ohio is a first degree misdemeanor, and the potential sentence includes up to six months in jail and a mandatory license suspension for one year to five years.
• If this offense is committed as the proximate result of committing a speeding offense in a construction zone, the offense is a first degree misdemeanor, and the potential sentence includes up to six months in jail (with a minimum mandatory jail sentence of 15 days) and a mandatory license suspension for one year to five years.
• This offense is elevated to a fourth degree felony punishable by up to 18 months in prison if either of the following apply: (1) driving with no license or suspended license; (2) prior conviction for Vehicular Homicide or any traffic-related homicide, manslaughter, or assault offense.
• The license suspension for this offense is elevated to a suspension for two to ten years if the offender has a prior conviction for a traffic-related homicide, manslaughter or assault offense.
• The license suspension for this offense is elevated to a suspension for three years to life if the offender has a prior conviction for a traffic-related murder, felonious assault, or attempted murder.

Vehicular Manslaughter

The prosecution must prove that, while operating a vehicle (including a boat or aircraft), you caused the death of another person as the proximate result of committing a minor misdemeanor traffic offense. The sentence for this offense depends on the defendant’s record.

• Vehicular Manslaughter in Ohio is a second degree misdemeanor, and the potential sentence includes up to 90 days in jail and a mandatory license suspension for six months to three years.
• This offense is elevated to a first degree misdemeanor, punishable by up to six months in jail, if either of the following apply: (1) driving with no license or suspended license; (2) prior conviction for Vehicular Homicide or any traffic-related homicide, manslaughter, or assault offense.
• The license suspension for this offense is elevated to a suspension for one year to five years if the offender has a prior conviction for a traffic-related murder, felonious assault, or attempted murder.

Lawyers For Vehicular Homicide Cases In Columbus And Central Ohio

Since 1997, the Dominy Law Firm has helped many clients with Vehicular Homicide charges in Franklin County, Delaware County, and other central Ohio courts. Our attorneys wrote and edited the Ohio Vehicular Homicide Guide, which can be purchased online or downloaded as a PDF for free from this website. To discuss how we can help with your Vehicular Homicide case, please submit a CONTACT FORM or call us at 614-717-1177 to arrange a free initial consultation.