Cleveland, Oh DUI Defense Attorney Defending Those Charged With Vehicular Assault
When a person is charged with vehicular assault in the state of Ohio, typically the prosecution have to prove the driver caused severe physical harm to another individual while operating a motor vehicle under the influence, or recklessly. The level of the criminal offense charged and the possible fees and penalties rely on whether or not the driver was under the influence or reckless.
The prosecution must prove that the death of the victim was caused by a driver who was under the influence, driving recklessly or was negligent.
In Ohio D.U.I. /O.V.I. and Vehicular Homicide cases, jurors are given the following instruction when jurors are permitted to go home at night: “During your absence remember that you are a member of a deliberating body. You may not investigate or attempt to obtain additional facts about this case. It would be improper if any of you attempted to do so.” Jurors are also instructed regarding reaching conclusions about the case before deliberations: "Do not form or express any opinion on this case until it is finally submitted to you."
In the event that the prosecution establishes the driver was under the influence, vehicular assault is a felony of the third degree, punishable by up to 5 years in prison and a driver’s license suspension of up to 10 years. In the event that the prosecution proves the driver was operating recklessly, vehicular assault is a felony of the fourth degree, punishable by up to eighteen months in prison and a driver’s license suspension of up to 5 years.
With several years of experience and specialized instruction result in successful strategies for my clients’ cases. We know exactly how evidence can easily be excluded in these types of cases and have expertise trying cases to juries. We are also sensitive to the emotionally charged atmosphere that may possibly revolve around these types of cases.
Skilled Team of DUI / OVI Defense Attorney's Located in Cleveland Ohio
If you or anyone you know have been charged with DUI in Ohio, contact a Ohio DUI / OVI defense attorney at Quinn Legal Associates for a free consultation regarding your case.