DUI/OVI vehicular homicide and vehicular assault

April 18, 2015

Is Drunk Driver Responsible For Killing Drunk Man Lying In Road?

Steven Anderson was drunk when he passed out on a rural highway. He was wearing dark clothing and went to sleep on the dark road around 1:00 am. There were no street lights in the area, and he was lying where there is a bend in the road. Darryl Saunders was drunk when he came driving around that bend. When he finally saw Anderson lying in the road, Saunders swerved to avoid him, but it was too late. He ran over Anderson, and Anderson died. Saunders’ blood alcohol concentration was tested at .150. Is Saunders criminally responsible for killing Anderson?

March 28, 2015

What Are The Differences Between Vehicular Homicide And Aggravated Vehicular Homicide In Ohio?

by Shawn Dominy

Ohio has several variations of what is commonly known as vehicular homicide. Generally, vehicular homicide is causing the death of another person while operating a vehicle. In the Ohio Revised Code, there are actually three separate offenses: (1) Aggravated Vehicular Homicide; (2) Vehicular Homicide; and (3) Vehicular Manslaughter. The offenses defined in the Ohio Revised Code are distinguished by the driver’s conduct (actus reus) and the driver’s state of mind (mens rea). The particular offense with which a defendant is convicted makes a substantial difference in the sentence imposed by the court.

May 12, 2012

Juror’s Experiment Overlooked In Vehicular Homicide Case

by Shawn Dominy

During a D.U.I. /O.V.I. trial, jurors are instructed to limit their deliberations to the evidence presented in court. In fact, they are specifically instructed not to investigate or conduct their own experiments. In the recent high-profile trial of John Goodman, a juror ignored that instruction and conducted an experiment regarding the effects of drinking vodka.

January 22, 2012

New Book Discusses Ohio Vehicular Homicide Cases

by Shawn Dominy

Vehicular homicide is the topic of a new book by Aspatore Books. The book, Defending DUI Vehicular Homicide Cases, was released in January, 2012 and is part of the “Inside The Minds” book series.

August 13, 2011

Miami Cop Involved In Strange And Tragic Incident On ATV

by Shawn Dominy

In Miami, there’s nothing strange or tragic about a police officer riding down the beach on an ATV. What makes this incident strange is the on-duty officer is taking a female passenger on a joyride while he’s on duty. What makes this incident tragic is the officer plows into two pedestrians and severely injures both.

May 6, 2011

Tragic Bus Accident Raises Questions

by Shawn Dominy

The Chicago Tribune reported that the driver of a tour bus in Chicago struck and killed a pedestrian, and a blood test following the accident was positive for cocaine. The bus driver is now being held without bail and likely facing charges of D.U.I. and Aggravated Vehicular Homicide. This tragic incident highlights the issues of driving under the influence of drugs, vehicular homicide, and commercial drivers.