Vehicular Assault – Vehicular Manslaughter – Vehicular Homicide
These are very serious offenses. If you have been, or believe there is even a chance you will be charged with one of these offenses, you need to obtain a consultation with a very qualified attorney. These charges are discussed in detail here.
Physical Control of a Motor Vehicle Under the Influence
Physical Control, is not an OVI charge, but it is still a serious offense that can have significant penalties and ramifications.
Like OVI, it is a First Degree Misdemeanor which can carry up to 180 days in jail, a fine of up to $1,075 and a license suspension of up to 1 year, as well as other penalties often imposed for an OVI such as the 3 day Driver Intervention Program (DIP) and party plates, but these are not mandatory.
Physical Control, in Ohio, is not considered an OVI / DUI offense and is considered a non-moving offense. Thus, 0 points are assessed against your driver’s license unlike OVI where six points are assessed. There are no mandatory penalties for Physical Control.
If charged with Physical Control they are alleging that you “operated” but did not move a motor vehicle and were either impaired or tested above the low tier or high tier limit.
The evidence they need to prove physical control will be similar to the evidence used to prove OVI. The Evidence Against You. But they do not need to prove you drove or moved the vehicle.
If charged with OVI a reduction to Physical Control might be a reasonable resolution to your case depending on the facts and circumstances of the case, as well as your personal situation and circumstances.
Reckless Operation of a Motor Vehicle
Reckless Operation is not an OVI offense and people can frequently be charged with reckless operation when no alcohol or drugs are involved. However, if charged with OVI a reduction to Reckless Operation likely would constitute a reasonable resolution to the matter, depending on the facts and circumstances of the case as well as your personal situation.
There are a variety of Reckless Operation charges, which can range from a minor misdemeanor charge with no jail time possible to a second degree misdemeanor with no mandatory jail time but up to 90 days of possible jail time. The fines range can rage up to $750.00. If convicted of Reckless Operation the judge has the discretion to not impose a license suspension or impose a license suspension ranging from 6 months to 3 years.
If a plea to Reckless Operation is the result of a negotiated resolution of an OVI charge, generally a recommendation as to penalties are a part of those.
Out of State DUI Conviction
If you are charged with a DUI in another state. You will face a license suspension in Ohio if convicted. We can help you try to avoid that. To learn more click here.