In Ohio, the term “vehicular homicide” is often used to generally describe an offense in which someone causes the death of another person with a motor vehicle. Ohio law actually has three separate offenses:
1. Vehicular Manslaughter
2. Vehicular Homicide
3. Aggravated Vehicular Homicide
Unlike a murder charge, a vehicular homicide charge means that a person had no intention of killing another, but due to their actions while operating a vehicle, caused the death of a human being.
Even if a person is charged with a vehicular homicide crime in criminal court and is acquitted, the deceased’s family may file a wrongful death claim in civil court.
The following highlights the main provisions of Ohio’s vehicular homicide laws.
Code Sections
Vehicular Manslaughter, Vehicular Homicide and Aggravated Vehicular Homicide: Ohio Revised Statute 2903.04
What is Prohibited?
Vehicular Manslaughter: Causing the death of another person or their unborn child while operating a motor vehicle as the result of a misdemeanor traffic violation.
Vehicular Homicide: While operating a vehicle, 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.
Aggravated Vehicular Homicide: 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.
Penalty
Vehicular Manslaughter:
Second degree misdemeanor: Up to 90 days in jail and a mandatory driver’s license suspension for six months to three years
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.
Vehicular Homicide: (Depends on how the crime occurred)
Negligence: First degree misdemeanor, Up to six months in jail and a mandatory license suspension for one year to five years.
Speeding in a construction zone: First degree misdemeanor, 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.
Suspended License or prior conviction for Vehicular Homicide or any traffic-related homicide, manslaughter, or assault offense: Fourth degree felony, Up to 18 months in prison and license suspension anywhere from two (2) years to life.
Aggravated Vehicular Homicide: (Depends on how the crime occurred)
Driving Under the Influence: Second degree felony, mandatory prison term of two (2) years to eight (8) years, as well as a mandatory license suspension for life.
Suspended License or prior conviction for Vehicular Homicide or Vehicular Assault: First degree felony, punishable by 11-15 years in prison, possible lifetime driver’s license suspension.
Recklessly Operating a Motor Vehicle: Third degree felony, includes a prison term of one year to five years, mandatory license suspension for three years to life.
Long-Term Consequences of Vehicular Manslaughter
Vehicular manslaughter can also have long-term consequences. The first involves overlap with any related civil suits. A criminal plea only resolves the criminal case; it does not make the civil case go away. Once a defendant enters a plea of guilty in a criminal case, that plea can be used against a defendant in a subsequent civil suit. A judge can award actual damages (like medical bills and vehicle damage) in the criminal case, but cannot award other punitive damages (like pain and suffering or loss of company).
The family of the deceased can pursue a civil suit to recover their own damages or punitive damages. A plea or finding of guilty can also affect whether a defendant’s insurance company will be helpful in their civil defense. Generally, a person’s insurance company is required to help them defend a civil suit when they are involved in car accident. However, some policies have provisions that do not require the insurance company to provide this assistance if the actions that caused the wreck were the result of a felony-level offense.
In addition, as with any criminal conviction, vehicular manslaughter appears as a criminal record during background checks that may be performed by employers or licensing boards. A criminal conviction may cause difficulty finding employment or gaining entry into universities and colleges, and may preclude an individual from practicing in certain professions such as teaching, government work, the medical field, and other employment areas and industries.
Vehicular manslaughter charges are very serious. Although public defenders or state provided criminal attorneys may be provided in some cases, these lawyers tend to have huge caseloads and little time to devote to individual cases. While in some situations a public defender may be sufficient, it is highly recommended that someone facing vehicular manslaughter or vehicular homicide charges consult with a criminal lawyer who has ample time to devote to the case. If you are seeking legal representation, contact our office to set up a confidential consultation.
Source: http://statelaws.findlaw.com/ohio-law/ohio-vehicular-manslaughter-laws.html
