The OVI charges are first-degree misdemeanors.
The crash involved three vehicles just after midnight on Sept. 26 at the South Smithville Road and East Third Street intersection.
James Derrell Moody, 43, of Dayton, was pronounced dead at the scene, according to a crash report filed by Dayton police.
Hernandez was driving a 2014 Dodge Ram north on South Smithville Road when he reportedly failed to stop at a red light at the intersection. He was traveling at an excessive speed, according to the crash report.
The truck T-boned a 2013 Toyota Camry traveling east on East Third Street.
The car and truck continued north through the intersection and went off the right side of the road into a Domino’s parking lot.
The Camry hit a parked Dodge Caliber, pushing it into the restaurant, according to the crash report. The Camry also struck some plants and a retaining wall before hitting the truck again.
Moody was identified as the driver of the Camry.
Hernandez had serious but non-life-threatening injuries, according to police. His passenger, a 25-year-old woman, had minor injuries.
There was no one in the parked vehicle. No one inside the Domino’s reported injuries.
Hernandez will be arraigned on March 26.
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