16 results for 'cat:"DUI" AND cat:"Vehicular Homicide"'.
J. Trapp finds the trial court properly excluded testimony from defendant's expert witness during his vehicular homicide case. Not only did the expert challenge the state's testing methodology regarding the level of marijuana metabolite in defendant's system - testimony excluded by Ohio law - but the state did not have to prove defendant was actually impaired at the time of the fatal wreck, as his vehicular homicide charge was a per se offense. Meanwhile, the vehicular homicide charge does not violate due process because it is reasonably related to keeping Ohio's roadways and the general public safe from impaired drivers. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: April 29, 2024, Case #: 2024-Ohio-1648, Categories: dui, vehicular Homicide, Experts
J. Colvin finds that the trial court properly sentenced defendant to serve 15 years following his guilty plea to vehicular homicide, DUI and other offenses. The trial court did not commit any error in considering defendant's status as an undocumented immigrant during sentencing. The trial court did not violate the due process and equal protection clauses when it refused to probate any portion of defendant's sentence and applied a statute allowing trial courts to refuse to probate a sentence if a defendant would be subject to deportation while serving a probated sentence. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: February 20, 2024, Case #: S23A1135, Categories: Sentencing, dui, vehicular Homicide
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J. Oliver finds that evidence of text messages related to drug use were properly admitted in a trial that led to defendant's negligent homicide conviction because they showed he knew the risks of impaired driving. Also, an Allen charge encouraging the jury to come to a verdict did not ask jurors to abandon independent judgment, and sufficient evidence of impairment from oxycodone was presented. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: December 21, 2023, Case #: 20220182-CA, Categories: Evidence, dui, vehicular Homicide
J. Moore finds that defendant's murder conviction was supported by sufficient evidence of implied malice: high blood-alcohol level, predrinking intent to drive, knowledge of the hazards of DUI and highly dangerous driving. Also, he failed to show that vehicular manslaughter is a lesser included offense of a murder charge, and the trial court was not obligated to give the jury an instruction on the lesser related offense of gross vehicular manslaughter while intoxicated. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: December 12, 2023, Case #: G061812, Categories: dui, vehicular Homicide, Jury Instructions
J. Windhorst vacates defendant's sentence of 30 years' imprisonment on his conviction for vehicular homicide while under the influence of alcohol with a blood alcohol content of 0.20 percent or more and other drugs. In this case, since the bill of information charged defendant with a blood alcohol content of 0.20 percent or more and having two prior DUI convictions, his sentence should have been imposed with a restriction of benefits for any period of time as required by statute. Vacated.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: October 31, 2023, Case #: 23-KA-78, Categories: Sentencing, dui, vehicular Homicide
J. Hodges finds that the trial court improperly granted defendant's motion for a new trial after a jury convicted her of homicide by vehicle, driving under the influence of alcohol and reckless driving. The trial court found that it had wrongly denied defendant's pre-trial motion to suppress medical records revealing her blood-alcohol content. The evidence was cumulative of other legally admitted evidence showing that defendant had been drinking before she ran over the 11-year-old victim with her car. Any error in the admission of the evidence was harmless in light of the overwhelming evidence of defendant's guilt. The case is remanded for the trial court to resentence defendant because her conviction for DUI less safe should have merged with her conviction for vehicular homicide based on DUI less safe. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 26, 2023, Case #: A23A1012, Categories: dui, vehicular Homicide
J. Stiles finds that defendant was properly given a 30-year sentence on his conviction for vehicular homicide over a fatal crash involving a pedestrian. The record shows that the trial court appropriately considered the aggravating circumstances and mitigating factors in imposing the sentence. Also, the sentence was not excessive since the mandatory fine was not imposed, and seven years of the sentence were suspended, while only the first three would be served without probation, parole or suspension. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: October 4, 2023, Case #: KA-23-162, Categories: Sentencing, dui, vehicular Homicide
J. Hixson finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of vehicular homicide by intoxication and driving under the influence (DUI), for crashing into another vehicle when he crossed the centerline of a road into oncoming traffic, killing the driver. Blood samples taken from defendant after the crash indicate that he was high on fentanyl when the crash occurred. Defendant argues that he was denied his right to confrontation because the lower court allowed a State’s witness to testify via Zoom, but the instant court finds the Zoom testimony did not prejudice defendant, and it was only utilized because the witness tested positive with Covid-19 and was contagious. Evidence is sufficient to support defendant’s convictions and 12-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: September 25, 2023, Case #: M2022-00949-CCA-R3-CD, Categories: Evidence, dui, vehicular Homicide
J. Miller finds the trial court properly denied defendant's motion to suppress the results of a blood test following the accident that led to vehicular assault and DUI charges. The testimony of officers who arrived at the scene of the crime was sufficient to establish probable cause for a search warrant. Meanwhile, consecutive sentences were supported by the nature of the crime, which resulted in traumatic brain injuries to at least two passengers, and the trial court properly found a course of conduct based on the multiple charges of vehicular assault. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: September 11, 2023, Case #: 2023-Ohio-3207, Categories: Search, dui, vehicular Homicide
J. Greer finds that defendant was properly denied a new trial after on charges of vehicular homicide following OWI. The toxicology report was admissible since a simple scrivener's error in the search warrant did not constitute an intentional act and did not impact the outcome. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: August 30, 2023, Case #: 21-1319, Categories: Search, dui, vehicular Homicide
J. Welbaum finds the trial court properly denied defendant's motion to exclude several Snapchat videos from evidence during his trial on vehicular manslaughter and assault charges. The witness's testimony about how she "screen captured" the videos of reckless driving on her iPhone was specific enough to authenticate the evidence. Meanwhile, the videos were sufficient to confirm defendant as the driver of the vehicle at the time of the fatal accident, while testimony from witnesses he had consumed alcohol and smoked marijuana earlier that night was sufficient for the jury to convict on all charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: August 11, 2023, Case #: 2023-Ohio-2799, Categories: Evidence, dui, vehicular Homicide
J. Brown finds that the trial court properly convicted defendant of vehicular homicide and DUI. The trial court correctly denied defendant's motion for a new trial. Any error in the jury instructions was invited by defendant because he participated in crafting the charge on vehicular homicide that was given to the jury. Defendant placed his character at issue when he testified that he is a "law-abiding citizen," therefore the state was allowed to introduce evidence of defendant's prior DUI conviction and his admitted cocaine use. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: July 20, 2023, Case #: A23A0922, Categories: dui, vehicular Homicide
J. Gallagher finds out-of-court statements made by one of the passengers in defendant's vehicle do not render his convictions for vehicular homicide and assault against the weight of the evidence. The passenger's claim to have stabbed defendant in the neck and yanked the steering wheel immediately prior to the crash "defies common sense," was not supported by any motive, and would not have absolved defendant of blame for his intoxicated driving in the lead-up to the crash. Meanwhile, the trial court properly denied defendant's motion to suppress medical records that both proved he drove intoxicated and disproved he was stabbed in the neck because the warrant was lawful and properly obtained pursuant to the charge of reckless driving. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: June 1, 2023, Case #: 2023-Ohio-1811, Categories: Search, dui, vehicular Homicide