Columbus OVI/DUI Attorney Blog
According to this news article, a truck driver lost control of his truck, collided with four other vehicles, and caused the deaths of three people. The truck driver was charged with three counts of Aggravated Vehicular Homicide, three counts of Vehicular Manslaughter, and three counts of DUI (called ‘OVI’ in Ohio). Why was the truck driver charged with multiple offenses, and can he be sentenced on all the charges?
Multiple Offenses
When an automobile collision causes the death of another person in Ohio, the driver may be charged with multiple offenses. Those offenses, defined in Ohio Revised Code section 2903.06, are Aggravated Vehicular Homicide, Vehicular Homicide, and Vehicular Manslaughter. Those offenses have different elements (what the prosecution must prove for a conviction). Those offenses also have different sentences. If a driver is convicted of multiple offenses resulting from one incident, the driver may face multiple sentences.
Aggravated Vehicular Homicide
The offense of Aggravated Vehicular Homicide is committed when a driver causes the death of another person by operating a vehicle under the influence of alcohol and/or drugs. This offense is categorized as a second-degree felony. The sentence includes a mandatory prison term which is a minimum of two years and a maximum of eight years. The Department of Rehabilitation and Correction may increase the prison term for certain misbehavior in prison. The sentence also includes a mandatory lifetime driver’s license suspension.
The offense of Aggravated Vehicular Homicide can also be committed when a driver causes the death of another person by operating a vehicle recklessly, or by committing a reckless operation offense in a construction zone. This offense is categorized as a third-degree felony. The sentence includes a prison term which is a minimum of one year and a maximum of five years. The sentence also includes a mandatory driver’s license suspension which is a minimum of three years and a maximum of lifetime.
Under certain circumstances, the level of the offense and the possible sentence for Aggravated Vehicular Homicide may be increased.
Vehicular Homicide
The offense of Vehicular Homicide is committed when a driver causes the death of another person by operating a vehicle negligently or by committing a speeding offense in a construction zone. This offense is categorized as a first-degree misdemeanor. The sentence includes a jail term of up to six months and a mandatory driver’s license suspension for one year to five years. Under certain circumstances, the level of the offense and the possible sentence may be increased.
Vehicular Manslaughter
The offense of Vehicular Manslaughter is committed when a driver causes the death of another person by committing a minor misdemeanor traffic offense. This offense is categorized as a second-degree misdemeanor. The sentence includes a jail term of up to 90 days and a mandatory driver’s license suspension for six months to three years. Under certain circumstances, the level of the offense and the possible sentence may be increased.
Multiple Sentences
When one automobile collision causes the death of multiple persons, each death can result in a separate sentence for the defendant. For example, if the truck driver in the news article is convicted of three counts of Aggravated Vehicular Homicide, the truck driver may be sentenced to a prison term of up to eight years for each count. The judge can order that the prison terms be served consecutively, for a total of up to 24 years in prison.
A defendant cannot be ordered to serve separate sentences for lesser included offenses. If the truck driver is convicted of three counts Aggravated Vehicular Homicide and three counts of Vehicular Manslaughter, the truck driver could not be ordered to serve separate sentences for the lesser offenses of Vehicular Manslaughter. The truck driver would be sentenced only on the three counts of Aggravated Vehicular Homicide.
The offense of OVI (Operating a Vehicle under the Influence) is not a lesser included offense of Aggravated Vehicular Homicide. A judge can order a defendant to serve a separate sentence for each offense, and the judge can order that the sentences be served consecutively.
More information about this topic can be found in our book: Ohio Vehicular Homicide Guide. The guide can be purchased online, and a PDF version can be downloaded for free from this page of our website.