While Kentucky law addresses vehicular homicide under its manslaughter statutes, Ohio has specific law on the subject. Ohio's statute on "aggravated vehicular homicide, vehicular homicide, vehicular manslaughter" stipulates that it is a crime if death results from the operation or participation in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft:
- While under the influence of alcohol or drugs of abuse or the combination of both
- In an unsafe manner
- While committing a reckless operation offense in a construction zone (motor vehicle or motorcycle)
- While speeding in a construction zone (motor vehicle or motorcycle)
- While committing an unlawful act that does not amount to a felony
The victim may be either a person not in the car with the offender (such as a pedestrian or another motorist), or a passenger in the vehicle with the offender.
Aggravated vehicular homicide charges apply when conditions include drugs and/or alcohol, or the offender is driving recklessly, or the driver is committing a reckless operation offense in a construction zone. It is considered to be a felony of varied degrees depending on circumstances such as driving on a suspended license or prior convictions.
Vehicular Homicide charges apply when negligence is apparent or the driver is speeding in a construction zone. It is a misdemeanor of the first degree. If there are prior traffic-related homicide, manslaughter, or assault convictions or the offender was driving on a suspended license, the charge of Vehicular Homicide becomes a felony of the fourth degree.
Vehicular Manslaughter charges apply when the offender is committing an unlawful act. It is a misdemeanor of the second degree but becomes a misdemeanor of the first degree if, at the time of the offense, the offender was on a suspended license or has prior traffic-related homicide, manslaughter, or assault convictions.
If you are facing vehicular homicide charges in Ohio, you need an experienced criminal defense attorney with expertise in defending aggravated vehicular homicide, vehicular homicide, and vehicular manslaughter.
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