Law Office of James D. Owen, LLC

What is the crime of Vehicular Manslaughter in Ohio? If the prosecution can prove beyond a reasonable doubt that you caused the death of another as the direct result of committing a minor misdemeanor traffic violation, then you can be convicted of the Ohio crime of Vehicular Manslaughter. Ohio Rev. Code § 2903.06(A)(4). Common Minor Misdemeanor traffic violations in Ohio include failing to yield the right of way, failing to signal, failing to maintain an assured clear distance ahead, failure to control, and running a red light. Vehicular Manslaughter is a misdemeanor of the second degree. However, if the person did not have a valid driver’s license at the time…

If arrested for Aggravated Vehicular Homicide, you are facing a serious criminal case even if the cause of the accident and death is unrelated to drugs or alcohol. Aggravated Vehicular Homicide, with a death caused by reckless driving unrelated to drugs or alcohol, is a felony of the third degree. Ohio Revised Code Section 2903.06(A)(2). However, if the offender did not have a valid driver’s license at the time of the offense or has previously been convicted of this same offense, it is elevated to a felony of the second degree. If treated as a felony of the third degree, an Ohio conviction for reckless driving Aggravated Vehicular Homicide carries…

What if you are charged in Columbus, Ohio with Aggravated Vehicular Homicide resulting from reckless driving? A person can be charged with Aggravated Vehicular Homicide in Ohio if he or she causes the death of another while operating a vehicle recklessly. Ohio Rev. Code Section 2903.06(A)(2). This type of Aggravated Vehicular Homicide differs from Aggravated Vehicular Homicide caused by drugs or alcohol, because it requires proof of the mental state of recklessness. It is also a lower level of felony. Recklessness is defined as “when, with heedless indifference to the consequences, [a person] disregards a known risk that his conduct is likely to cause a certain result or is likely…

What are the possible sentences if you are convicted of a drug or alcohol related Aggravated Vehicular Homicide in Columbus or elsewhere in Ohio? Generally, a drug or alcohol related Aggravated Vehicular Homicide, under Ohio Revised Code section 2903.06(A)(1), is a felony of the second degree. However, it is a felony of the first degree if the accused: 1) did not have a valid driver’s license; 2) has previously been convicted of Aggravated Vehicular Homicide; 3) has previously been convicted of any traffic-related homicide, manslaughter, or assault offense; or 4) meets the criteria set forth in Ohio Rev. Code section 2903.06(B)(2)(c). If the offense is classified as a second degree…

In Ohio, there are different types of Aggravated Vehicular Homicide offenses. An alcohol or drug related Aggravated Homicide offense occurs when one person causes the death of another as the result of operating a vehicle under the influence of drugs or alcohol. This offense is charged regularly in Columbus and central Ohio. In fact, the Franklin County Prosecutors office has a special unit of felony prosecutors trained and assigned to prosecute felony vehicular crimes. Aggravated Vehicular Homicide, unlike Aggravated Murder or Murder, does not require proof that the accused intended to cause death or even harm. Rather, it is what is known as a strict liability offense, meaning an offense…

In Ohio, the crime of Vehicular Homicide occurs where a person, while operating a vehicle, negligently causes the death of another or causes the death of another in a construction zone while speeding.  Ohio Rev. Code § 2903.06(A)(3).  Negligently is defined as “when, because of a substantial lapse from due care, [a person] fails to perceive or avoid a risk that his conduct may cause a certain result or may be of a certain nature.  A person is negligent with respect to circumstances when, because of a substantial lapse from due care, he fails to perceive or avoid a risk that such circumstances may exist.” Ohio Rev. Code § 2901.22(D).…