Newark Vehicular Homicide Attorney
At Calesaric Law, I have over 30 years of experience in prosecuting and defending various types of vehicular homicide cases. You can be charged with a form of vehicular homicide due to just committing a minor traffic violation that leads to the death of another. You can also be charged with aggravated vehicular homicide if you are alleged to operate your vehicle recklessly or under the influence. These are very serious allegations that need an experienced attorney. I am certified in Standardized Field Sobriety Testing and breath testing. I also have the training and experience to handle your case.
Understanding Vehicular Homicide Charges In Ohio
Ohio law recognizes multiple levels of vehicular homicide charges, each carrying different penalties and collateral consequences. Understanding these distinctions is critical to mounting an effective defense.
Vehicular Homicide vs. Aggravated Vehicular Homicide
Vehicular homicide under Ohio Revised Code § 2903.06 occurs when you cause another person’s death as a proximate result of committing a traffic offense. This can be a minor violation such as running a stop sign, failing to yield or speeding. The key element is that your traffic violation directly contributed to the fatal accident. Vehicular homicide is typically a first-degree misdemeanor, though it can be elevated to a fourth- or third-degree felony depending on your driving record and prior OVI convictions.
Aggravated vehicular homicide under Ohio Revised Code § 2903.06(A)(2) is a far more serious charge. It applies when you cause a death while operating a vehicle recklessly or under the influence of alcohol or drugs. Reckless operation means driving with deliberate indifference to the safety of others. Aggravated vehicular homicide is a second-degree felony carrying two to eight years in prison.
Vehicular Manslaughter
Vehicular manslaughter under § 2903.06(A)(3) applies when a death occurs while you are operating a vehicle in violation of certain construction zone safety laws or while fleeing police. This charge is also a second-degree felony with mandatory prison time.
Sentencing Ranges And Collateral Consequences
Sentencing for vehicular homicide varies widely:
- First-degree misdemeanor vehicular homicide: Up to 180 days in jail and up to $1,000 in fines
- Third-degree felony vehicular homicide: Nine to 36 months in prison
- Second-degree felony aggravated vehicular homicide: Two to eight years in prison
Beyond prison time, a conviction results in a driver’s license suspension ranging from three years to life, depending on the charge and your prior record. A felony conviction creates a permanent criminal record affecting employment, professional licensing, housing and firearm rights. Many people convicted of vehicular homicide also face civil lawsuits from the victim’s family seeking monetary damages.
The Role Of OVI/DUI In Aggravated Vehicular Homicide Cases
If prosecutors allege you were under the influence at the time of a fatal accident, you face aggravated vehicular homicide charges regardless of whether you committed any traffic violation. The OVI element alone elevates the charge to a second-degree felony. Prosecutors do not need to prove reckless operation if they can prove intoxication.
I am certified in both Standardized Field Sobriety Testing and breath testing procedures. These certifications mean I have the same training as the officers who arrested you. I understand exactly how field sobriety tests should be administered, what environmental factors affect their validity and when officers deviate from proper protocols. I know how breath testing machines work, what maintenance they require and what factors can produce false readings. This technical knowledge allows me to identify flaws in the state’s evidence that other defense attorneys might miss.
Common Questions About Vehicular Homicide Charges
People facing these charges often have urgent questions about their situation and legal options. These are concerns I address with clients.
Can I be charged with vehicular homicide even if I wasn’t drinking or driving recklessly?
Yes. Ohio law allows vehicular homicide charges based solely on a minor traffic violation that results in a death. Running a stop sign, failing to yield or any other traffic offense can lead to prosecution if it causes a fatal accident. You do not need to be intoxicated or driving recklessly. The prosecution only needs to prove your traffic violation was a proximate cause of the death.
Should I talk to the police after a fatal accident?
No. Invoke your right to remain silent immediately. Anything you say will be used to build a case against you. Fatal accidents are traumatic and you are in shock. Police are trained to use your statements against you. Tell officers you are invoking your right to remain silent and your right to a lawyer. Then contact me immediately so I can protect your rights from the start.
Schedule A Consultation Today
Whether your vehicular homicide charge stems from a small mistake on the road or aggravated circumstances, it’s crucial to have a seasoned attorney by your side. Certified in Standardized Field Sobriety and breath testing, I am equipped to handle your case with precision. Contact me today by email or by calling 740-334-4256 to schedule an initial consultation and ensure you have the dedicated support you deserve.