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  1. #1
    UpsetinOhio is offline Junior Member
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    Unhappy OHIO; Can I Plea Down a “physical control” change to lesser charge?

    OHIO:

    After drinking I didnt want to drive (and never did) so I decide to sleep in my car, I had the heat on as it was cold. A police officer came to my car (over an hour after the bar had closed) and woke me up and after giving me the walking the line test arrested me for DUI. He did say I made the right choice by not driving.

    I am charged with both OVI and _physical control_, I have been told that I can just take the _physical control_ charge and they will drop the OVI, I want to know if there is a charge I can ask to plea to instead of the _physical control_ that is not as bad.

    I am worried about futrue job opportunites if I have the _physical control_ charge on my record (possible homeland security jobs).

    If I had know I could get in trouble for sleeping in my car I would have never done it, I DID NOT Drink and Drive! please help.

    Also I have no prior record.
    Last edited by UpsetinOhio; 04-12-2006 at 04:59 PM.
  2. #2
    BigMistakeFl is offline Senior Member
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    BigMistakeFl

    Many cases have been successfully prosecuted for sitting in the running car, yet not driving it. Many cases have been successfully prosecuted for only having the keys in the ignition without the car even being on. Your best bet is to talk with a DUI lawyer if you want to try to fight this or negotiate a reduction. The judge will not likely reduce it, but a prosecutor can if the evidence against you is weak.
  3. #3
    UpsetinOhio is offline Junior Member
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    please help

    They offered Physical Control, 6 month suspension, and an anti-alcohol weekend class type class...which costs $400.00.

    I have turned it down but it is still there is I want it, next up is trial.

    Unfortantly I picked an attorney and this is his first DUI case and I don't have anymore money to get another. So I am very worried about lack of experience.

    I hope the fact that I was taking medication (and have daily for the past few years which can be proven) that can cause fatigue, dizziness, and confusion which may increase with alcohol can prove my innocents.

    I know they have a tape that shows me stumbling and appearing tired/confused a direct result from the medication/alcohol (and just waking up) and the fact the cop will say I was drunk (again the interaction of the medication) .

    Do I have a decent shot at winning my case? (no crystal ball just asking for professional opinions). If not I face an OVI (aka DUI)...sometimes I feel I should take the plea out of fear but that would be a great injustice to me, I was sleeping in my car because of the interaction that occured between my medication and alcohol which was within the legal limit (my word vs the cops opinion as there was no breathalizer)...I just don't know if I trust the system to protect me.
  4. #4
    BigMistakeFl is offline Senior Member
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    BigMistakeFl

    DUI is about impairment, not just alcohol. Impairment can be caused by drugs too, legal and otherwise. I cannot imagine your attorney would use your medication as a defense for DUI, even if it is his first such case. Your med's would have come with fair warning about not driving or operating machinery. Many DUI cases have been prosecuted as a result of impairment from medication with no alcohol involved.

    One other thing.... the so-called "legal limit" does not preclude you from being successfully prosecuted for impairment even if you are under that limit. It's all about proving impairment. If they have a strong case against you, the plea deal may not seem so bad after all. You will have to weigh it out with your attorney and decide if you want to roll the dice.
  5. #5
    UpsetinOhio is offline Junior Member
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    Wow. Sleeping in ones own car that was induced by legal prescription medication is a crime in America, this really saddens and shocks me that this is where the system has gone.

    Has the system become one that creates violations of innocent actions (actions that literally harm no one and no thing, actions that literally do not increase the risk of harming of anyone or anything ) in order to collect fee's so it can fund itself?
    Last edited by UpsetinOhio; 04-18-2006 at 01:05 PM.
  6. #6
    BigMistakeFl is offline Senior Member
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    BigMistakeFl

    My feeling is that sitting in a car to stay warm, with no intention of driving isn't DUI. However, I guess it stands to reason that such a driver may have either driven to that place where he or she is sitting in the car, or intends to drive from that position. So DUI convictions have been won against people sitting in the car.

    I know someone who was arrested for DUI because she was passed out in the car. The car was off and the keys were on the floorboard. She doesn't remember any of it, the entire night. But in that state, she got a conviction. And she obviously drove there up to the point where she passed out. Fortunately, no one got hurt.....
  7. #7
    UpsetinOhio is offline Junior Member
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    Oh I agree that if the court can prove that a person who is caught sitting or sleeping in a car was driving the car while imparied beforehand then they should be charged with DUI. Once we start convicting people of crimes that they did not commit nor ever intended to commit it's crossed the line and is simply unjust.

    The fact that in my case I can even be charge me with an OVI (DUI) fails justice as well as it's just a scare tool used to get defendents to plea out to a lesser charge, it's saves ther court from having to actually make their case but still gets the system $ from the fines they impose.
    Last edited by UpsetinOhio; 04-18-2006 at 01:29 PM.
  8. #8
    weenor is offline Senior Member
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    Quote Originally Posted by UpsetinOhio
    Oh I agree that if the court can prove that a person who is caught sitting or sleeping in a car was driving the car while imparied beforehand then they should be charged with DUI. Once we start convicting people of crimes that they did not commit nor ever intended to commit it's crossed the line and is simply unjust.

    The fact that in my case I can even be charge me with an OVI (DUI) fails justice as well as it's just a scare tool used to get defendents to plea out to a lesser charge, it's saves ther court for having to actually make their case but still gets the system $ from the fines they impose.

    The problem is that the evidence indicates (car running) that you had driven or were about to...and your word that you did not intend to drive is insufficient to counter the available evidence.
  9. #9
    SillyPuddy is offline Member
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    "DUI" has gone far beyond driving a car while intoxicated. Law Enforcement is allowed to be subjective when deciding to issue a DUI rather than following the letter of the law. What this basically means is that you can be arrested for a DUI being anywhere near a motor vehicle with ANY amout of alchohol in your system.

    It will be this way until enough of the general public who do not have drinking, alchohol abuse, or irresponsible drinking problems gets tossed in to the DUI and "alchohol treatment" system that the public says hey, things have gone too far.

    My policy: If I plan to consume ANY alchohol, I stay at home or use a cab. That means for example, if I go on a date and we plan on having a margerita at the Mexican joint, we go in cab. Otherwise, it's no alchohol until we get home. Done deal.
  10. #10
    BigMistakeFl is offline Senior Member
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    BigMistakeFl

    I just don't see the laws changing, possibly become more harsh if anything. Try to get just one politician to take up this crusade, no matter how draconian it may be, and you'll be the laughing stock.

    Ever done anything stupid when you were drinking that you realized later was probably not having used your best judgment? I know I have. That's the logic behind DUI for someone sitting in a car with the engine running. Maybe after thirty minutes or so the driver will decide that he's waited and sobered up enough to "make it home". Me? I'd follow the same plan as the previous poster. Take a cab and have a blast.
  11. #11
    bbox is offline Junior Member
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    Some points

    1. If you can get an experienced attorney, get one.
    2. You should have only received a physical control violation becuase the state now defines operate (4511.01(HHH)) - to cause or haved caused movement of a vehicle. OVI requires operation. Physical control does not.
    3. Medication is tricky. If you took it according to the doctor's prescription, they cannot convict you becuase of the drug (but most prescriptions do not allow you to drink with them and if they make you sleepy, they say not to drive).
    4. At trial, if the video show that you are intoxicated, have your attorney file a motion to suppress it - he might be successful, but doubtful. In the motion to suppress, try to suppress every part of the stop and each piece of evidence that the prosecutor has. - probable cause hearing.
    5. a physical control violation is not a moving violation - your license can be suspended, but see if you can work out a deal for no license suspension
    6. Did you take a breath test? If the officer did not request that you take one, this could be used to show that he did not think you were under the influence at the time.
    7. Did he have you perform any field sobriety tests? If not, you can use this to show that the officer did not think you were under the influence.
    8. Right now, if you went to trial with your facts, there is a very slim chance that you would get off, but if you can get certain evidence excluded, you might be able to get off or plead to a reduced charge.
    9. Even if you plead to a reduced charge, the court has to put in the record the original charge if it is alcohol related (Ohio law) and that it was reduced. You would likely need to explain this if you were to get a job needing a security clearance.
  12. #12
    Ohiogal is offline Senior Member
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    Quote Originally Posted by bbox View Post
    1. If you can get an experienced attorney, get one.
    2. You should have only received a physical control violation becuase the state now defines operate (4511.01(HHH)) - to cause or haved caused movement of a vehicle. OVI requires operation. Physical control does not.
    3. Medication is tricky. If you took it according to the doctor's prescription, they cannot convict you becuase of the drug (but most prescriptions do not allow you to drink with them and if they make you sleepy, they say not to drive).
    4. At trial, if the video show that you are intoxicated, have your attorney file a motion to suppress it - he might be successful, but doubtful. In the motion to suppress, try to suppress every part of the stop and each piece of evidence that the prosecutor has. - probable cause hearing.
    5. a physical control violation is not a moving violation - your license can be suspended, but see if you can work out a deal for no license suspension
    6. Did you take a breath test? If the officer did not request that you take one, this could be used to show that he did not think you were under the influence at the time.
    7. Did he have you perform any field sobriety tests? If not, you can use this to show that the officer did not think you were under the influence.
    8. Right now, if you went to trial with your facts, there is a very slim chance that you would get off, but if you can get certain evidence excluded, you might be able to get off or plead to a reduced charge.
    9. Even if you plead to a reduced charge, the court has to put in the record the original charge if it is alcohol related (Ohio law) and that it was reduced. You would likely need to explain this if you were to get a job needing a security clearance.

    Dude this post is over a year old. This case has already been heard and tried and he/she has most probably been convicted. So don't necropost.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

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  13. #13
    BigMistakeFl is offline Senior Member
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    BigMistakeFl

    Necropost
    LOL That made me laugh.
  14. #14
    sjmjuly is offline Member
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    Quote Originally Posted by UpsetinOhio View Post
    Wow. Sleeping in ones own car that was induced by legal prescription medication is a crime in America, this really saddens and shocks me that this is where the system has gone.

    Has the system become one that creates violations of innocent actions (actions that literally harm no one and no thing, actions that literally do not increase the risk of harming of anyone or anything ) in order to collect fee's so it can fund itself?
    DUI goes beyond just alcohol. It includes drugs whether prescription or not. It's sad that you thought you were doing the right thing by not driving, but these days you have to go one step further: Call a cab.

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