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What is Prison Sentence is "Mandatory" in Aggravated Vehicular Homicide

Aggravated Vehicular Homicide (AVH) cases in Ohio come in two primary types -- deaths as the proximate result of DUI / OVI and deaths as the proximate result of Reckless Operation of a Vehicle.

The "DUI" specification offense carries a mandatory prison term of 2-8 years (not taking into account other sentencing enhancers such as a prior conviction or was driving under suspension / without a valid license).

There is a split of opinion in Ohio as to whether or not 2 years is the mandatory time or if any prison term a judge gives is 100% mandatory.

This issue was recently addressed in the 5th District Court of Appeals. If a court orders a 4 year prison term for instance, only 2 years is mandatory time. (State v. Thompson, Delaware App. No. 10CAA020014, 11/5/10).

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