Last week, the Ohio Supreme Court in State v. Baker, reversed the trial and appellate courts' ruling that an unrefrigerated blood sample could not be used against Baker at trial. Baker had been charged with an OVI arising out of an accident that killed a pedestrian. At issue in the Court's decision was whether the state substantially complied with Ohio Administrative Code 3701-53-05(F), requiring blood and urine specimens to be refrigerated when not in transit or under examination.
Last week, Melinda Woodall was indicted on numerous charges including aggravated vehicular homicide and leaving the scene of an accident after she struck and killed Michael Prater who was riding his bike on US 52.
The predominant objective for most people who face a criminal charge is to prevent a conviction. Given that dismissals are highly uncommon in criminal cases and jury verdicts are uncertain, delayed adjudication programs such as diversion are an excellent way to resolve a criminal case and prevent a criminal conviction.
The Ohio Revised Code provides people charged with specific offenses the option to receive assistance and/or treatment in order avoid a felony conviction. Intervention in lieu of conviction ("ILC") is available in certain cases where the offender's drug or alcohol usage or mental illness was a factor leading to his or her criminal offense. ILC is not designed as punishment, but instead is an opportunity for certain offenders to address the underlying issues that contributed to their criminal charges.