Brown County Aggravated Vehicular Assault
Client was indicted by a grand jury for three counts of Aggravated Vehicular Assault in violation of Ohio Revised Code 2903.08(A)(1)(a) felonies of the third degree (F3) and Operating a Motor Vehicle Under the Influence of Alcohol a violation of Ohio Revised Code 4511.19(A)(1)(a). The additional charge of Operating a Motor Vehicle with a prohibited level of alcohol in her blood in violation of Ohio Revised Code 4511.19(A)(1)(g) was nolled/dismissed after counsel pointed out that the blood test was taken outside of the three hour time limit set forth by statute. After a two car accident where serious physical injuries were caused to a Mother and her two young children, Client’s blood results were subpoenaed from the hospital indicating her BAC was .243 as measured by blood serum. Client was facing a minimum of one year in prison on each of the F3 charges. Counsel was able to negotiate a plea to two counts of Vehicular Assault being violations of Ohio Revised Code 2903.08(A)(2) felonies of the fourth degree (F4) and one count of OVI (M1), avoiding mandatory prison time. Client was sentenced to local jail time pending a bed in the STAR residential treatment program.
