Allegations of driving under the influence of drugs or alcohol are serious enough on their own, but they can become life-altering if they involve a collision that resulted in serious or fatal injuries. In that scenario, the guidance of an Athens OVI vehicular homicide/assault lawyer is invaluable.
If you get into an accident while driving impaired and someone else gets injured or worse yet, dies, you may be charged with Aggravated Vehicular Homicide or Aggravated Vehicular Assault. These are serious felony charges and, if convicted, they carry mandatory prison time as well as lengthy (up to lifetime) driving license suspensions. Defense of these types of cases is both complex and technical. The defense requires both a defense to the OVI charge as well as the accusation that the intoxication was the proximate result of the accident. I have the experience, training, and skill to help.
In Ohio, it is unlawful to operate a motor vehicle while under the influence of drugs or alcohol. The state typically proves that a person is impaired by establishing that their blood alcohol concentration (BAC) was .08 or above through the use of blood, breath, or urine tests.
It is also a crime to cause serious or fatal injuries with a motor vehicle in certain circumstances. The state will bring vehicular assault or homicide charges when it is determined that a driver has caused serious physical harm or death while driving a car, motorcycle, snowmobile, or other motorized vehicle in a reckless manner. This includes driving under the influence of alcohol.
Just like an OVI charge, prosecutors will file for vehicular assault when a person with a BAC of .08 or above injures someone else in an accident. These cases play out in a similar way to OVI trials, as many of the same issues will determine guilt or innocence.
There are different potential defense strategies available in these cases. Just like with an OVI case, many defendants focus on fighting the allegation that they were impaired at the time of the accident. This is important, as the issue of impairment can be the difference between a crime and a tragic accident.
Often, these cases hinge on the admissibility of blood, breath, or urine test results. Law enforcement must follow strict protocol when taking samples for testing, and there is a process that must be followed for storing and processing blood and urine. Any failure to comply with these rules can lead a judge to throw out the results.
Not all OVI vehicular homicide cases involve BAC test results, however. The state can use other evidence to show impairment, including admissions of drinking or witness statements describing erratic driving.
I have over 25 years experience in defending OVI charges. My OVI defense experience combined with my NHTSA certification in the administration of Field Sobriety Tests and allows me to effectively defend charges of Vehicular Homicide and Assault in Athens. I will assess and challenge the accusation that you were in fact under the influence. This may be in the form of a Motion to Suppress, an independent review of your performance on field sobriety tests or a challenge to the findings of a Breathalyzer. There may also be a question about the cause of the accident.
In recent years, I have handled several vehicular homicide cases where the client was charged with OVI even though the officer found they were not impaired at the time of the accident. This is because a test of my client’s urine or blood revealed marijuana metabolite. Although my clients had smoked days prior they were not “high” or under the influence at the time of the accident. I am successful at defending these cases as I have an understanding of the pharmacology of marijuana as well as how to try these cases to a jury.
If you have been accused of this serious charge, now is the right time to consider your defense options. There are opportunities for fighting back against the state’s case, and you may be able to avoid a conviction. You can ensure your rights are protected by relying on my guidance as an Athens OVI vehicular homicide/assault lawyer. Let my experience and training help you defeat these charges. Call now.
Client was accused of being under the influence of narcotics. Drug Recognition Expert (DRE) was successfully challenged.
