Another fatal alcohol-related car crash...

Tagged:  

Route 2, near Lyon Road. 3 dead... one of them an 8-year old boy.

Sad.

No votes yet

Article published Wednesday, January 16, 2008
Jerusalem Twp. truck collision kills 3, injures 2
BLADE STAFF
Three people were killed and two others were hurt when two pickup trucks collided nearly head-on about 8:25 Wednesday night on State Rt. 2 near Lyon Road in Lucas County’s Jerusalem Township, the Ohio Highway Patrol said.

Three were pronounced dead at the scene, authorities said.

One of the injured was taken to St. Charles Mercy Hospital. The other was taken by helicopter to University of Toledo Medical Center, the former Medical College of Ohio Hospital.

Names of the dead and injured were not available Wednesday night.

Initial reports were that debris from the crash was scattered along Route 2 near the Jerusalem Township Hall for about three-quarters of a mile.

Route 2 remained closed in both directions after 10 p.m. so troopers from the patrol’s Toledo post could conduct their investigation.

Another sad story. I have relinquished myself to the fact that no amount of preaching about the dangers of driving while intoxicated will have any effect on those who are convinced that their level of drunkeness will not affect the way the drive.

If man has no tea in him, he is incapable of understanding truth. ~Japanese Proverb

It is so sad, this is the third intoxication story. I guess my problem is I don't drink so I can't understand why people would want to drive drunk.

knowing you could be driving down the road and have some drunk all of a sudden swerve in front of you. Makes me frightened of leaving the house.

out there and certainly doesn't make you feel safe on the road.
I know accidents like this happen all the time but it does seem like we've had a run on them this month. Maybe we need concrete barriers seperating all lanes of traffic to protect the sober people from the idiot drunks.

It does seem like there have been an unusual amount of these crashes lately but it may just be that the media is reporting on them more or in a different way.

One thing that I picked up from the reports was that not one of the 5 people was wearing a seatbelt. I wonder if this would have made any difference or not. Maybe not in a high speed collision but I don't get why people don't buckle up their kids.

My prayers go out to the families affected by this tragedy.

Yes, there has been a rash of drunk driving tragedies lately.

Just wait - Carty will use this for another photo opportunity to squalk and stomp his feet and demand some action be taken... Then do nothing.

Not that there is a lot TO be done. There are selfish people out there who will always drive drunk. You can increase the fines, you can increase jail time, you can do whatever you want, but there will always be idiots out there who wont care - or think they are either above the law or impervious to the effects of alcohol on their brains and will go ahead and drive anyway.

I seriously cannot believe that this kid plead not guilty to this.
Wouldn't it had been better all around for him to plead guilty and just get it over? Does he honestly think that he's going to get off on this?

I agree...

I’m no law expert, so maybe some lawyer type person could explain what he is hoping to accomplish here or rather how.

That is, we know he is trying to get off the hook or lessen his sentence, but I don’t understand how this will play into it.

Any defense attorneys out there?

drunk drivers now. I wish the judges would get on board at the sentencing phase. I suppose they will once they've lost somebody they love in a stupid accident that needn't have happened.

THEN we'd see some fair sentencing.

If you're here to tell me it's my fault - you're right. I meant to do it. It was alot of fun. That's why I have this happy smile on my face.

What does "aggrivated" mean?

I know a guy who got busted for aggrivated burglary, and he said it was aggrivated because he knew the people who's house he broke in to.

That wouldnt be the case here tho. I mean I know it doesnt mean Gagnon was "aggrivated" with the people he hit, but what does it mean?

I'm not a lawyer and I'm going to make a stab at it without searching online for it (honest, LOL)..

Aggravated in this case would be something like 'special circumstances'...in other words, he was so intoxicated he had a 'reckless disregard' for others, or something along those lines.

Anybody who really knows the answer feel free to correct and/or educate and inform...

Aggravation is a concept in law, which Black's Law Dictionary defines as: "Any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself." For example, aggravated assault is usually differentiated from simple assault by the offender's intent (i.e., to murder, to rape etc.), the extent of the injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt

I guess from this it means since he was drunk he was aggravated. Or maybe they are considering the car/truck a deadly weapon.
Has anyone who was in an accident (but sober) where someone died charged with just vehicular homicide or vehicular assult without the aggravated?

LAW Writer® Ohio Laws and Rules Search ORC
Ohio Administrative Code Home Help Route: Ohio Revised Code» TITLE [29] XXIX CRIMES -- PROCEDURE» CHAPTER 2903: HOMICIDE AND ASSAULT
2903.06 Aggravated vehicular homicide - vehicular homicide - vehicular manslaughter.
(A) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another’s pregnancy in any of the following ways:

(1)(a) As the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance;

(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;

(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance.

(2) In one of the following ways:

(a) Recklessly;

(b) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone and does not apply as described in division (F) of this section.

(3) In one of the following ways:

(a) Negligently;

(b) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in division (F) of this section.

(4) As the proximate result of committing a violation of any provision of any section contained in Title XLV of the Revised Code that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Revised Code that is a minor misdemeanor.

(B)(1) Whoever violates division (A)(1) or (2) of this section is guilty of aggravated vehicular homicide and shall be punished as provided in divisions (B)(2) and (3) of this section.

(2)(a) Except as otherwise provided in division (B)(2)(b) or (c) of this section, aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the second degree and the court shall impose a mandatory prison term on the offender as described in division (E) of this section.

(b) Except as otherwise provided in division (B)(2)(c) of this section, aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the first degree, and the court shall impose a mandatory prison term on the offender as described in division (E) of this section, if any of the following apply:

(i) At the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code.

(ii) The offender previously has been convicted of or pleaded guilty to a violation of this section.

(iii) The offender previously has been convicted of or pleaded guilty to any traffic-related homicide, manslaughter, or assault offense.

(c) Aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the first degree, and the court shall sentence the offender to a mandatory prison term as provided in section 2929.142 of the Revised Code and described in division (E) of this section if any of the following apply:

(i) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.

(ii) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.

(iii) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.

(iv) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of this section within the previous six years.

(v) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of section 2903.08 of the Revised Code within the previous six years.

(vi) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 2903.04 of the Revised Code within the previous six years in circumstances in which division (D) of that section applied regarding the violations.

(vii) The offender previously has been convicted of or pleaded guilty to three or more violations of any combination of the offenses listed in division (B)(2) (c)(i), (ii), (iii), (iv), (v), or (vi) of this section within the previous six years.

(viii) The offender previously has been convicted of or pleaded guilty to a second or subsequent felony violation of division (A) of section 4511.19 of the Revised Code.

(d) In addition to any other sanctions imposed pursuant to division (B)(2)(a), (b), or (c) of this section for aggravated vehicular homicide committed in violation of division (A)(1) of this section, the court shall impose upon the offender a class one suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(1) of section 4510.02 of the Revised Code.

(3) Except as otherwise provided in this division, aggravated vehicular homicide committed in violation of division (A)(2) of this section is a felony of the third degree. Aggravated vehicular homicide committed in violation of division (A)(2) of this section is a felony of the second degree if, at the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense. The court shall impose a mandatory prison term on the offender when required by division (E) of this section.

In addition to any other sanctions imposed pursuant to this division for a violation of division (A)(2) of this section, the court shall impose upon the offender a class two suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(2) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a traffic-related murder, felonious assault, or attempted murder offense, a class one suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(1) of that section.

(C) Whoever violates division (A)(3) of this section is guilty of vehicular homicide. Except as otherwise provided in this division, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide committed in violation of division (A)(3) of this section is a felony of the fourth degree if, at the time of the offense, the offender was driving under a suspension or revocation imposed under Chapter 4507. or any other provision of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense. The court shall impose a mandatory jail term or a mandatory prison term on the offender when required by division (E) of this section.

In addition to any other sanctions imposed pursuant to this division, the court shall impose upon the offender a class four suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code, or, if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense, a class three suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of that section, or, if the offender previously has been convicted of or pleaded guilty to a traffic-related murder, felonious assault, or attempted murder offense, a class two suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(2) of that section.

(D) Whoever violates division (A)(4) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this division, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.

In addition to any other sanctions imposed pursuant to this division, the court shall impose upon the offender a class six suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(6) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a violation of this section , any traffic-related homicide, manslaughter, or assault offense, or a traffic-related murder, felonious assault, or attempted murder offense, a class four suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of that section.

(E) The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a violation of division (A)(1) of this section. If division (B)(2)(c)(i), (ii), (iii), (iv), (v), (vi), (vii), or (viii) of this section applies to an offender who is convicted of or pleads guilty to the violation of division (A)(1) of this section, the court shall impose the mandatory prison term pursuant to section 2929.142 of the Revised Code. The court shall impose a mandatory jail term of at least fifteen days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (A)(3)(b) of this section and may impose upon the offender a longer jail term as authorized pursuant to section 2929.24 of the Revised Code. The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a violation of division (A)(2) or (3)(a) of this section or a felony violation of division (A)(3)(b) of this section if either of the following applies:

(1) The offender previously has been convicted of or pleaded guilty to a violation of this section or section 2903.08 of the Revised Code.

(2) At the time of the offense, the offender was driving under suspension under Chapter 4510. or any other provision of the Revised Code.

(F) Divisions (A)(2)(b) and (3)(b) of this section do not apply in a particular construction zone unless signs of the type described in section 2903.081 of the Revised Code are erected in that construction zone in accordance with the guidelines and design specifications established by the director of transportation under section 5501.27 of the Revised Code. The failure to erect signs of the type described in section 2903.081 of the Revised Code in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1), (A)(2)(a), (A)(3)(a), or (A)(4) of this section in that construction zone or the prosecution of any person who violates any of those divisions in that construction zone.

(G)(1) As used in this section:

(a) “Mandatory prison term” and “mandatory jail term” have the same meanings as in section 2929.01 of the Revised Code.

(b) “Traffic-related homicide, manslaughter, or assault offense” means a violation of section 2903.04 of the Revised Code in circumstances in which division (D) of that section applies, a violation of section 2903.06 or 2903.08 of the Revised Code, or a violation of section 2903.06, 2903.07, or 2903.08 of the Revised Code as they existed prior to March 23, 2000.

(c) “Construction zone” has the same meaning as in section 5501.27 of the Revised Code.

(d) “Reckless operation offense” means a violation of section 4511.20 of the Revised Code or a municipal ordinance substantially equivalent to section 4511.20 of the Revised Code.

(e) “Speeding offense” means a violation of section 4511.21 of the Revised Code or a municipal ordinance pertaining to speed.

(f) “Traffic-related murder, felonious assault, or attempted murder offense” means a violation of section 2903.01 or 2903.02 of the Revised Code in circumstances in which the offender used a motor vehicle as the means to commit the violation, a violation of division (A)(2) of section 2903.11 of the Revised Code in circumstances in which the deadly weapon used in the commission of the violation is a motor vehicle, or an attempt to commit aggravated murder or murder in violation of section 2923.02 of the Revised Code in circumstances in which the offender used a motor vehicle as the means to attempt to commit the aggravated murder or murder.

(g) “Motor vehicle” has the same meaning as in section 4501.01 of the Revised Code.

(2) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this state, or current or former law of another state or the United States.

Effective Date: 01-01-2004; 06-01-2004; 04-04-2007
Go To:
Prev | Next

Pleading "Not Guilty" is a standard to obtain a trial. If he were to plead guilty, he would skip trial and move directly to sentencing. No Lawyer worth his money would let the defendant plead guilty at first run. By the time these things make it to trial, often a year or more later, the charges have been altered, the plea agreements arranged and the process of calming the public opinion takes hold.

In this guys case, I doubt it will make any difference, but in many cases when it does go to the Judge/Jury, it's often a lessor crime they end up convicted of and the sentence shortened.

In this guys case, I doubt it will make any difference, but in many cases when it does go to the Judge/Jury, it's often a lessor crime they end up convicted of and the sentence shortened.

Sure it will make a difference. Possibly a huge difference, depending on the length of time and the lack of media coverage. Let us not forget the prosecuting attorney, either. She or he may not be up to a trial when a good plea bargain can be arranged quickly.

Case in point, Bernard Getz, the NYC subway vigilante who shot three or four unsupervised black youth when they tried to mug him. When Bernard was arrested the citizens in NYC were lining up to give him a medal because everyone knew how dangerous the subway was. I think the jury found him guilty of discharging a weapon within the city limits.

Five or more years down the road one of the economically disadvantaged black youth whose career in a local social athletic club was curtailed by Bernard's well-placed bullet to the spine filed a civil suite against Mr. Getz and won, mainly because by that time everyone had forgotten the case and the conditions of the NYC subway had changed.

Sure, time matters. I wouldn't be a bit surprised if this menace to society and trailer park trash walks away with involuntary manslaughter, terms to be served concurrently.

Mad Jack
Mad Jack's Shack

I agree, no lawyer would let this kid plead guilty. I'm not a legal expert but I agree that dragging this out will benefit them because this was such an emotional event that it may be hard to get an impartial jury, delays will let the public calm down. Time will also give him a chance to get treatment for alcohol abuse and then he can claim that he was sick and has changed his ways. It is all a game.

I found this article at http://www.nospank.net/drunk.htm. I hope it is satire.

DRIVE DRUNK RESPONSIBLY
April 9, 1998
The consumption of alcoholic beverages predates the beginning of recorded history. We drink for pleasure, to relax, to socialize and as an aid to digestion. Alcohol also sharpens the mind and improves the reflexes, as every honest drinker will attest. Contrary to this understanding, some radical groups have argued that driving an automobile while under the influence of alcohol is dangerous and should be prohibited. Their theories, based on seriously flawed research, fly in the face of common sense and every-day experience. They cite only the most extreme cases in an attempt to bolster their arguments and to discredit a time-honored, universal human tradition. Their so-called research does not examine the effects of alcohol in isolation from myriad other factors that influence driving safety such as moral character, maturity and driving skill. They only quote the statistics that suit them. They consistently and deliberately overlook the fact that the overwhelming majority of drunk drivers arrive at their destinations without mishap.

What have these do-gooders accomplished? Are the roads any safer these days? I doubt it! And the police (who should be out there fighting crime) are kept busy testing blood alcohol levels of honest, law-abiding drivers. It is hard to imagine a more egregious violation of personal liberty and privacy. The content of one's blood is one's personal business; not the state's. And what one does in the privacy of one's car should be of no concern to law enforcement as long as the rules of the road are obeyed. If this cancer of runaway governmental intrusion into the private lives of citizens is not curbed, there is no telling where it will lead.

The Founding Fathers, in their wisdom, intended that government should stick to the job of arresting and punishing criminals, not harassing honest, decent drunk drivers who aren't bothering anyone and are doing only what past generations have done. Society has managed very well indeed before all the bleeding hearts, do-gooders, abolitionists, psychobabblers and radical social theorists popped out of the woodwork and started passing judgement on other people's behavior. Those of us who drive drunk responsibly had better stand up for our rights before bureaucrats armed with search warrants are demanding to inspect the entire contents of our kitchens and threatening to confiscate our car keys.

If man has no tea in him, he is incapable of understanding truth. ~Japanese Proverb

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.