OH8: SW for BAC in hospital records wasn’t just based on reckless driving; it was aggravated vehicular homicide

Defendant was involved in a one car accident that instantly killed his passenger. The search warrant for his medical records of a BAC at the hospital wasn’t based on reckless driving or even OVI. It was aggravated vehicular homicide, and there was probable cause. State v. Motley, 2023-Ohio-1811 (8th Dist. June 1, 2023)*:

[*P32] The affidavit for the warrant did not include any mention of probable cause to believe an OVI offense had been committed. Instead, the warrant was focused on the potential reckless or negligent driving elements of the aggravated vehicular homicide crimes based on the nature of the accident, inexplicably hitting a stationary object at such a speed as to cause the instantaneous death of a front seat passenger. The affiant averred that probable cause existed to search Motley’s medical records as evidence of the aggravated vehicular assault committed in violation of R.C. 2903.08. That crime does not necessarily depend on an OVI offense; it can be committed through reckless or negligent driving. See, e.g., Marion, 2022-Ohio-2480, 192 N.E.3d 1279, at ¶ 40 (5th Dist.) (concluding that the medical records are probative of a vehicular homicide based on the negligent operation of a vehicle to determine the driver’s medical condition at the time of the collision).