Ohio's Vehicular Homicide and Manslaughter Laws and Penalties

Ohio has three types of vehicular homicide: "aggravated vehicular homicide," "vehicular homicide," and "vehicular manslaughter."

In Ohio, a person can be convicted of aggravated vehicular homicide for causing the death of another person while:

• in violation of the state's OVI/DUI laws
• in violation of the state's boating under the influence (BUI) laws
• driving recklessly, or
• committing a reckless operation offense in a construction zone.

Ohio defines vehicular homicide as causing the death of another person while:

• driving negligently, or
• speeding in a construction zone.

And vehicular manslaughter is where a driver kills another person committing a traffic violation that is a minor misdemeanor. Speeding and running a stop sign or red light are examples of minor misdemeanors.

Negligence. Generally, negligence involves the failure of a person, because of a substantial lapse of care, to perceive or avoid a risk that the person's conduct may cause or may be of a certain nature.

Recklessness. Recklessness is a more culpable mental than negligence. A person acts recklessly when, with heedless indifference to the consequences, disregarding a substantial and unjustifiable risk that the person's conduct is likely to cause or is likely to be of a certain nature.

Causation. A driver can be convicted of vehicular homicide or manslaughter only if there's proof that the unlawful driving was a legal cause of the death. In other words, there needs to be a direct link between the defendant's driving and the death.

Homicide by Vehicle Penalties

The sentencing laws for vehicular homicide and manslaughter are complicated. But generally, the possible penalties for a conviction are:

• Aggravated vehicular homicide involving OVI or BUI offenses. Generally, an aggravated vehicular homicide conviction based on OVI or BUI is a second-degree felony. Convicted defendants face two to eight years in prison, a maximum $15,000 in fines, and a lifetime license suspension.
• Aggravated vehicular homicide involving reckless driving. Generally, an aggravated vehicular homicide conviction based on reckless driving is a third-degree felony. A conviction carries nine months to three years in prison, a maximum $10,000 in fines, and a three-year to lifetime license suspension.
• Vehicular homicide. Generally, vehicular homicide is a first-degree misdemeanor. Convicted motorists are looking at up to six months in jail, a maximum $1,000 in fines, and a one to five-year license suspension.
• Vehicular manslaughter. Generally, vehicular manslaughter is a second-degree misdemeanor. A conviction carries up to 90 days in jail, a maximum $750 in fines, and a three-month to two-year license suspension.

Talk to a Criminal Defense Attorney

Vehicular homicide and manslaughter are serious crimes. If you've been arrested for vehicular homicide or manslaughter—or any other crime—get in contact with a criminal defense attorney right away. The facts of every case are different. An experienced defense attorney can explain how the law applies to the facts of your case and help you decide on the best plan of action.