Defending a person charged with
Aggravated Vehicular Homicide (AVH) or
Aggravated Vehicular Assault (AVA) is very time consuming and will be expensive. However, relative
to what the client is facing in terms of prison and multi-year license
suspension, a premium legal fee is most likely going to be the best investment
a person can make in their lifetime if charged with this offense.
We are asked to represent many people each year charged with Aggravated
Vehicular Homicide and/or Aggravated Vehicular Assault. We work these
cases up extensively prior to each and every court date.
Below is a very brief illustration of what is involved in properly representing
and defending a person charged with AVH or AVA.
Bail - review conditions with the client and educate client on how to
stay in compliance with bond condition. Bail is always subject to review
and revocation
Arraignment - We will always enter a Not Guilty plea. Most courts require
the defendant to sign a Waiver of Extradition. The client will need to
be photographed and fingerprinted.
Defenses to Aggravated Vehicular Homicide / Assault - there are no defenses. Ohio law does not recognize any affirmative defenses that would fully exonerate an accused.
Court Process: We will familiarize our client with the judge, prosecutor, and learn as much as we can about the victim(s) and the family of the victim(s). Personalizing the key people involved in a client's case helps reduce anxiety.
Elements to AVH / AVA w/DUI Specification
As the "proximate result of committing DUI"
While operating
Motor vehicle
Cause
Death / Serious physical harm
To another person
County, Ohio
Penalties
AVH: 2-10 years prison per count
AVA: 1-5 years prison per count
This offense is not probation eligible - mandatory prison term
License suspension is up to lifetime for AVH and 2-10 years for AVA
Elements to AVH / AVA w/Reckless Specification
As a "proximate result" of committing a reckless operation offense
Recklessly
While operating
Motor vehicle
Cause
Death / Serious physical harm to another person
Penalties:
AVH: 1-5 years prison
AVA6-18 months prison
No mandatory prison term
DEFENSE CHECKLIST:
Thorough Interview & Study of the Client
Past record
Work record
Habits
Education
General reputation
Mental conditions, if any, past and present
Letter Writing Campaign
Alcohol Assessment and follow up
Review Indictment / Legal Sufficiency of Indictment
Review and Challenge Legality of Arrest / Detention
Identify and Interview any other witnesses from scene
Maintain Conditions of Bail Release
Attempt to Interview Victims
Interview Police Officers
Interview Phlebotomist, Lab Tech, Analyst
Prepare & File:
Defendant's Demand for Discovery
Defendant's Motion for Disclosure of Favorable Evidence
Defendant's Motion to Suppress Statements
Defendant's Motion to Suppress Blood Sample / Breath / Urine
Defendant's Motion for Independent Tests
Motion for Jury Instruction on "Proximate Result"
Motion for Lesser Included Offenses
Motion in Limine to Exclude Evidence of Prior Convictions
Retaining Expert / Toxicologist
Retaining Accident Reconstruction Engineer
Retaining Computer Animation (CAD)
View Scene
Photos of Scene
Develop Alternative Theory / Reasonable Doubt
Post - Trial Work:
Sentencing Mitigation Preparation
Sentencing Mitigation Memorandum
Sentencing Hearing & Presentation
Eligibility for Community Control
Judicial Release eligibility
Motion for J.R.
Hearing on Motion for J.R.
Civil Lawsuit - Koffel Brininger Nesbitt does not provide representation for civil cases. A referral to a civil litigation attorney will be made.