A driver struck a trooper while the trooper was directing traffic, and the trooper suffered serious injuries. The driver submitted a urine sample, and a urine test showed a concentration of inactive marijuana metabolite above the ‘legal limit’. The driver was charged with and convicted of Aggravated Vehicular Homicide and DUI (called ‘OVI’ in Ohio). The Ohio Supreme Court ultimately concluded operating a vehicle with a prohibited concentration of inactive marijuana metabolite can be a proximate cause of serious physical harm.
Articles Posted in DUI/OVI vehicular homicide and vehicular assault
Withdrawing a Guilty Plea in Ohio Vehicular Homicide Cases
An Ohio man pled guilty to Aggravated Vehicular Homicide and other charges. A few days before the sentencing was to be held, the defendant hired a new lawyer and filed a motion to withdraw his guilty plea. The judge held a hearing and denied the motion. The defendant pled guilty and was sentenced to eight years in prison. The defendant recently appealed the judge’s decision to Ohio’s Third District Court of Appeals.
Suppression of Blood Tests in Ohio Vehicular Homicide/Vehicular Assault Cases
The defendant in an Ohio Vehicular Homicide/Vehicular Assault case filed a motion to suppress the results of his blood test. Blood test results may be suppressed for various reasons. In this case, the defendant argues the blood test did not comply with the requirements of the Ohio Revised Code and the Ohio Administrative Code.
Expert Testimony and Jury Instructions in Ohio Vehicular Homicide Cases
A recent appellate case involves two legal issues which are often litigated in Vehicular Homicide and Vehicular Assault cases in Ohio. The first issue is the admissibility of expert witness testimony. The second issue is whether the jury should be instructed about the option of finding the defendant guilty of a lesser offense. The case is State v. Horst.
Former Trooper Appeals Sentence for Vehicular Homicide
A former Pennsylvania state trooper was involved in a two-vehicle automobile crash, and the driver of the other vehicle died as a result. The former trooper, Joseph Yuran, was charged with Aggravated Vehicular Homicide as a second-degree felony and Operating a Vehicle under the Influence (OVI). Yuran pled guilty to those charges, and the judge imposed a prison term of 7 years to 10.5 years. Yuran appealed the sentence to the 11th District Court of Appeals, claiming the sentence was unlawful.
Ohio DUI/OVI Law Set to Change
The law governing DUI (called ‘OVI’ in Ohio) is going to change. House Bill 37, signed by Governor Mike DeWine, becomes law on April 9, 2025. The legislation changes four separate areas of law: (1) Driving privileges and ignition interlock devices for OVI license suspensions; (2) Financial penalties for OVI convictions; (3) Oral fluid testing in OVI cases; and (4) Aggravated Vehicular Homicide penalties when a defendant has prior OVI convictions. This article addresses the changes in that order.
Multiple Vehicular Homicide Charges from One Collision
According to this news article, a truck driver lost control of his truck, collided with four other vehicles, and caused the deaths of three people. The truck driver was charged with three counts of Aggravated Vehicular Homicide, three counts of Vehicular Manslaughter, and three counts of DUI (called ‘OVI’ in Ohio). Why was the truck driver charged with multiple offenses, and can he be sentenced on all the charges?
Vehicular Assault and Vehicular Homicide in Ohio Require ‘Motor Vehicle’
In Ohio, there is a difference between a ‘vehicle’ and a ‘motor vehicle’. In cases of Vehicular Homicide and Vehicular Assault, the difference matters. The Ohio Supreme Court recently decided an Aggravated Vehicular Assault case in which the defendant’s guilt hinged on the definition of ‘motor vehicle’. The Court’s decision affects both vehicular assault and vehicular homicide cases.
Is Lack of “Intent” a Defense to Vehicular Crimes in Ohio?
After a domestic dispute, an Ohio woman intentionally hit a man with her car and was charged with Aggravated Vehicular Assault. According to a recent story by WHOTV7, the woman drove her SUV over a sidewalk and into a yard to hit the man. That does sound intentional. When it comes to vehicular crimes in Ohio, is intent necessary?
Change of Venue for Serious Vehicular Crimes in Ohio
The issue of venue recently arose in an Ohio Vehicular Homicide case. As reported by the Leader-Telegram, the defendant was accused of hitting two highway workers in Clark County. As a result of the collision, one worker died, and the other was seriously injured. The defense attorney filed a motion for change of venue. What is venue, and when can it be changed?
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