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...
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