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OVI Case Update: State v. Bayer, 2012-Ohio-5469

Dayton DUI Attorney Charles Rowland > DUI Law  > OVI Case Update: State v. Bayer, 2012-Ohio-5469

OVI Case Update: State v. Bayer, 2012-Ohio-5469

The question raised in State v. Bayer involved whether or not a person can be sentenced for OVI (O.R.C. 4511.19) if that person is also convicted of Aggravated Vehicular Assault (O.R.C. 2903.08) arising from the same incident.  Crimes that involve similar activity are often merged for purposes of sentencing.  The merger turns on whether or not the crimes are similar enough to be deemed “allied offenses of similar import.”

In this case, the Defendant caused “serious physical harm” to a person while driving with a prohibited alcohol concentration above 0.17%.  In March 2011 she pled guilty to Aggravated Vehicular Assault and to one count of Operating a Vehicle Impaired (drunk driving).  After a sentencing hearing, the Franklin County Court of Common Pleas sentenced Bayer to four years in prison for the aggravated vehicular assault conviction and six months for the OVI, with the sentences to run concurrently. Bayer appealed to the 10th District Court of Appeals, arguing that she cannot be sentenced for both offenses and that her sentences should merge as allied offenses of similar import.

Writing for the majority, Judge Julia Dorrian [pictured] looked to the legislative intent of Ohio Revised Code section 2929.41, which vests trial courts with the discretion to run sentences for aggravated vehicular assault and OVI concurrently or consecutively.  “The General Assembly thereby clearly reflected its intent that a trial court may, in its discretion, sentence a defendant for both OVI and Aggravated Vehicular Assault,” Dorrian stated.  “Accordingly, the trial court had the discretion, pursuant to O.R.C. 2929.419(B)(3), to enter convictions of both OVI and AVA and to sentence appellant to serve consecutive sentences for those two crimes.”

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in DaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber Heights,Beavercreek, and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.comor write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Charles Rowland

charlie@daytondui.com

Charles M. Rowland II has been representing the accused drunk driver for over 20 years. Contact him at (937) 318-1384 if you find yourself facing a DUI (now called OVI) charge.

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