Ohio Vehicular Homicide Laws
It is easy to forget that reckless, negligent or drunken driving can instantaneously turn a family car into a high-speed, multi-ton deadly weapon on wheels. When that type of driving kills an innocent person, that reckless, negligent or drunken behavior is punishable criminally. However, each situation is unique. The circumstances surrounding each fatal car accident will determine the degree of each convicted driver's sentence.
Negligent driving and speeding in a construction zone that causes the death of another person is considered vehicular homicide, which is a misdemeanor offense in Ohio. If speeding in a construction zone causes the death, the court must impose a mandatory 15-day jail term. It is a fourth-degree felony offense if the driver had a suspended license, no license at all or has been previously convicted of a vehicular homicide, manslaughter or assault.
A person driving recklessly or operating a vehicle under the influence of drugs or alcohol (OVI) that causes the death of another person can be found guilty of aggravated vehicular homicide. Depending on the status of the driver's license, this could be treated as a second or third degree felony. The charge will be considered a second-degree felony if the driver has been previously convicted of any traffic-related homicide, manslaughter or assault.
Aggravated vehicular homicide becomes a felony in the first degree if the driver has been convicted three or more times of an OVI offense in the last six years or their license has been suspended or revoked. The punishment is a mandatory prison term as long as 15 years under certain circumstances and a fine as high as $20,000.
Ohio takes vehicular homicide very seriously. Because the potential penalties are so harsh, those accused of such offenses require an experienced criminal defense attorney who understands the nuances of the system. If you or a loved one has been charged with vehicular homicide, contact a knowledgeable lawyer to discuss your situation.