Vehicular Assault
When a person uses a vehicle and causes serious physical harm to another person, it will typically result in vehicular assault charges. If an alleged offender was under the influence of alcohol or a controlled substance at the time of the alleged offense, that person could be charged with aggravated vehicular assault.
Vehicular assault it a felony offense in Ohio that carries steep penalties. In addition to possible prison sentences and fines, alleged offender can also have their driver’s license suspended.
Attorney for Vehicular Assault Arrests in Dayton, OH
If you were recently arrested for an alleged vehicular assault anywhere in the Miami Valley area, it is in your best interest to immediately seek legal representation. Joslyn Law Firm defends clients accused of traffic crimes in communities all over Montgomery County, including Beavercreek, Huber Heights, Dayton, Kettering, Troy, Piqua, Fairborn, Springfield, and many others.
Dayton criminal defense lawyer Brian Joslyn will work tirelessly to help you achieve the most favorable resolution to your case, including possibly having criminal charges minimized or eliminated. Call (937) 356-3969 to have our attorney provide an honest and thorough evaluation of your case during a free initial consultation.
Ohio Vehicular Assault Information Center
- What punishments can people receive if convicted of vehicular assault?
- When can a person be charged with aggravated vehicular assault?
- Where can I find more information about vehicular assault in Dayton?
Montgomery County Vehicular Assault Penalties
Under Ohio Revised Code § 2903.08(C)(3), vehicular assault is a first-degree misdemeanor punishable by up to 180 days in jail and/or a fine of up to $1,000 if an alleged offender causes serious physical harm to another person or another’s unborn while operating or participating in the operation of a motor vehicle or motorcycle and committing a speeding offense in a construction zone. If the alleged offender was, at the time of the alleged offense, driving under a suspension or was previously convicted of or pleaded guilty to a vehicular assault violation or any traffic-related homicide, manslaughter, or assault offense, vehicular assault becomes a fourth-degree felony punishable by up to 18 months in prison and/or a fine of up to $5,000.
It is also a fourth-degree felony under Ohio Revised Code § 2903.08(C)(2) if an alleged offender causes serious physical harm to another person or another’s unborn while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft recklessly, or while operating or participating in the operation of a motor vehicle or motorcycle and committing a reckless operation offense in a construction zone. Vehicular assault is a third-degree felony punishable by up to 60 months in prison and/or a fine of up to $10,000 if, at the time of the alleged offense, the alleged offender was driving under a suspension, was previously convicted of or pleaded guilty to a vehicular assault violation or any traffic-related homicide, manslaughter, or assault offense, or if, in the same course of conduct that resulted in the alleged vehicular assault violation, the alleged offender also committed failure to stop after an accident, failure to stop after a nonpublic road accident, or failure to stop after an accident involving the property of others.
When a person is convicted of vehicular assault, the court will also impose a class four suspension of the alleged offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege for a definite period of one to five years. If the alleged offender has been previously convicted of or pleaded guilty to a vehicular assault violation, any traffic-related homicide, manslaughter, or assault offense, or any traffic-related murder, felonious assault, or attempted murder offense, the court will impose a class three suspension for a definite period of two to 10 years.
Aggravated Vehicular Assault Penalties in Dayton
An alleged offender commits aggravated vehicular assault if he or she causes serious physical harm to another person or another’s unborn while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft in any of the following ways:
- As the proximate result of committing a violation of Ohio Revised Code § 4511.19(A) relating to operating a vehicle under the influence of alcohol or drugs (OVI), or of a substantially equivalent municipal ordinance;
- As the proximate result of committing a violation of Ohio Revised Code § 1547.11(A) relating to operation, control, or manipulation under the influence of alcohol or drugs, or of a substantially equivalent municipal ordinance; or
- As the proximate result of committing a violation of Ohio Revised Code § 4561.15(A)(3) relating to unsafe operation of aircraft or of a substantially equivalent municipal ordinance.
Aggravated vehicular assault is a third-degree felony, but it can become a second-degree felony punishable by up to eight years in prison and/or a fine of up to $15,000 if any of the following apply:
- At the time of the alleged offense, the alleged offender was driving under a suspension imposed under Chapter 4510 or any other provision of the Revised Code;
- The alleged offender has been previously convicted of or pleaded guilty to a vehicular assault violation;
- The alleged offender has been previously convicted of or pleaded guilty to any traffic-related homicide, manslaughter, or assault offense;
- The alleged offender has been previously convicted of or pleaded guilty to three or more prior violations of Ohio Revised Code § 4511.19(A) relating to OVI, or a substantially equivalent municipal ordinance within the previous 10 years;
- The alleged offender has been previously convicted of or pleaded guilty to three or more prior violations of Ohio Revised Code § 1547.11(A) relating to operation, control, or manipulation under the influence of alcohol or drugs, or of a substantially equivalent municipal ordinance within the previous ten years;
- The alleged offender has been previously convicted of or pleaded guilty to three or more prior violations of Ohio Revised Code § 4561.15(A)(3) relating to unsafe operation of aircraft or of a substantially equivalent municipal ordinance within the previous ten years;
- The alleged offender has been previously convicted of or pleaded guilty to three or more prior violations of any combination of Ohio Revised Code § 4511.19(A), Ohio Revised Code § 1547.11(A), and/or Ohio Revised Code § 4561.15(A)(3) offenses; or
- The offender previously has been convicted of or pleaded guilty to a second or subsequent felony violation of Ohio Revised Code § 4511.19(A) relating to OVI.
When a person is convicted of vehicular assault, the court will also impose a class three suspension of the alleged offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege for a definite period of two to 10 years. If the alleged offender has been previously convicted of or pleaded guilty to a vehicular assault violation, any traffic-related homicide, manslaughter, or assault offense, or any traffic-related murder, felonious assault, or attempted murder offense, the court will impose a class two suspension for a definite period of three years to life.
Ohio Vehicular Assault Resources
Police Department | Dayton, OH — On the Dayton Police Department you can find a link to the Ohio Department of Public Safety to access traffic crash reports. You can also obtain an incident through this website by submitting an incident number. The Ohio Department of Public Safety website also has a crash report system that allows visitors to view and print Ohio Traffic Crash Reports, generate reports and parameterized queries from the past five years’ Ohio Traffic Crash Facts books, and download Ohio crash data for the past five years.
Dayton Police Department335 W 3rd St.
Dayton, Ohio 45402
(937) 333-COPS (2677)
State v. Neumann-Boles, 2013-Ohio-3968 — Randy Neumann-Boles was charged with one count of aggravated vehicular assault in violation of Ohio Revised Code § 2903.08(A)(1)(a), and one count of aggravated vehicular assault in violation of Ohio Revised Code § 2903.08(A)(2)(b) after she drover under the influence of alcohol and caused the vehicle she was driving to collide with another vehicle, seriously injuring both herself and the other driver. The trial court found Neumann-Boles guilty of both counts, concluded the offenses were allied, and sentenced Neumann-Boles to seven years in prison. The Ninth District Court of Appeals vacated the judgment entry of the Medina County Court of Common Pleas after concluding the trial court did not have authority to resentence Neumann-Boles and enter an entirely new sentencing entry because the June 2012 final judgment was not void.
Joslyn Law Firm | Dayton Vehicular Assault Defense Lawyer
Were you arrested in Montgomery County for an alleged vehicular assault offense? Do not say anything to authorities without legal counsel. Contact Joslyn Law Firm right now.
Brian Joslyn is an experienced criminal defense attorney in Dayton who represents residents of and visitors to Montgomery County, Clark County, Greene County, and Miami County. He can review your case and help you understand all of your legal options as soon as you call (937) 356-3969 or complete an online contact form to set up a free initial consultation.
