State v. McKinnon

At about 3:00 p.m. on March 29, 1986, a car driven by defendant-appellant, James P. McKin-non, swerved across the center line on Route 303 in Richfield Township and struck an oncoming car. The driver of the other vehicle was killed. McKin-non, severely injured, was taken to the hospital where an emergency room physician ordered a blood test. The test showed a .176 blood-alcohol content.

McKinnon was indicted for one count of aggravated vehicular homicide, R.C. 2903.06(A), with specifications that he caused physical harm to a person during the commission of the offense and that he had…