§ 135.02. Vehicular homicide.

A.

No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall negligently cause the death of another.

B.

Whoever violates this section is guilty of vehicular homicide, a misdemeanor of the first degree. If the offender previously has been convicted of an offense under this section or R.C. § 2903.06 or 2903.08, vehicular homicide is a felony and shall be prosecuted under appropriate state law.

1.

If the jury or judge as trier of fact finds that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, at the time of the commission of the offense, then the offender's driver's or commercial driver's license or permit or nonresident operating privileges shall be permanently revoked pursuant to R.C. § 4507.16.

2.

When the trier of fact determines whether the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the concentration of alcohol in the offender's blood, breath, or urine as shown by a chemical test taken pursuant to R.C. §§ 1547.111 or 4511.191 may be considered as competent evidence and the offender shall be presumed to have been under the influence of alcohol if there was at the time the bodily substance was withdrawn for the chemical test a concentration of .10 of one percent or more by weight of alcohol in the offender's blood, ten hundredths of one gram or more by weight of alcohol per two hundred ten liters of his breath, or fourteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his urine.

C.

If the offender previously has been convicted of or pleaded guilty to a violation of §§ 73.01 or 135.02, or R.C. §§ 1547.11, 2903.06, 2903.08, 4511.19, 4511.192, 4507.02(B) or (D), or a violation of R.C. §§ 4507.38 or 4507.39 as those sections existed prior to September 24, 1986, or a violation of a municipal ordinance that is substantially similar to this section, R.C. §§ 2903.08, 4511.19, or 4511.192; or a violation of a municipal ordinance that is substantially similar to R.C. §§ 4507.38 or 4507.39 as those sections existed prior to September 24, 1986, if the offender has accumulated twelve points pursuant to R.C. § 4507.021 within one year of the offense, or if in the commission of the offense the offender was driving under suspension or operating a motor vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, he shall not be eligible for shock probation, probation, or shock parole pursuant to R.C. §§ 2947.061, 2951.02, or 2967.31. Penalty, see § 130.99. (R.C. § 2903.07)

(Ord. 693-1990)