Ohio DUI Law: State v. Buitrago
Charles is a frequent speaker and a prolific writer on all matters related to OVI / DUI defense.
State v. Buitrago, 2010-Ohio-1984, 93380 (OHCA8)
Defendant-appellant, Mitchell , lost control of the car, struck the center median, and spun to a stop. Both of the passengers in his car were injured. He was convicted of two counts of aggravated vehicular assault (one count for each person). He argues that he should only be sentenced on one count of aggravated vehicular assault because his action arose out of one course of conduct.
The 8th District Court of Appeals held that since there are two victims there are two seperate crimes that are not of similar import. Defendant can be sentenced on two counts.