Blew .016, still charged with OVI

[DC1377]

Not understanding that driving after drinking and driving with open containers in the car is illegal does not make the illegality any less.

I understand that it is illegal, I just don't understand the rationale behind it. I was just off on a tangent anyway.

 

[Just Blue]

I understand that it is illegal, I just don't understand the rationale behind it. I was just off on a tangent anyway.

It's a rationale that non-alcoholics intuitively understand.

 

[quincy]

I understand that it is illegal, I just don't understand the rationale behind it. I was just off on a tangent anyway.

I don’t think going off on tangents is all that productive.

You have an attorney and you should concentrate on what your attorney says and follow the advice he offers. I am confident that any good attorney will investigate the stop, the testing, the car search, and the charge(s) that resulted, and will work with what he finds to help you present the best defense possible.

Good luck.

 

[DC1377]

It's a rationale that non-alcoholics intuitively understand

I would hope that you are not insinuating that I am an alcoholic without any knowledge of who I am? Perhaps you would care to enlighten me on how alcohol affects a person differently while driving vs. drinking immediately before driving?
And for your information, no, I am not an alcoholic. In fact, my last drink prior to last night was 3 beers at dinner with friends 2 1/2 weeks ago, and before then, probably a month ago. A few beers sounded good last night and I decided to open one on my way home from work. My bad and I understand my poor choice.
I didn't come to this site to have accusations made against me by educated professionals. I am just looking for advice and to get non-judgmental answers to legitimate questions. Sorry if my thinking offends you, but that doesn't condone your back-handed insult against me.

 

[DC1377]

I don’t think going off on tangents is all that productive.

You are correct, sorry, I'm just a little bitter about the situation. And yes, I will be following the advice of my attorney.
And thank you for your advice as well.

 

[quincy]

I would hope that you are not insinuating that I am an alcoholic without any knowledge of who I am? Perhaps you would care to enlighten me on how alcohol affects a person differently while driving vs. drinking immediately before driving?
And for your information, no, I am not an alcoholic. In fact, my last drink prior to last night was 3 beers at dinner with friends 2 1/2 weeks ago, and before then, probably a month ago. A few beers sounded good last night and I decided to open one on my way home from work. My bad and I understand my poor choice.
I didn't come to this site to have accusations made against me by educated professionals. I am just looking for advice and to get non-judgmental answers to legitimate questions. Sorry if my thinking offends you, but that doesn't condone your back-handed insult against me.

You received some advice and some nonjudgmental answers. You can take whatever you want from the forum (if anything) and leave the rest behind.

You are correct, sorry, I'm just a little bitter about the situation. And yes, I will be following the advice of my attorney.
And thank you for your advice as well.

I appreciate the thanks, DC1377, so thank you.

 

[LdiJ]

Would that be common for the prosecutor to add the open container charge. Personally, I think the whole damn thing is ridiculous. I realize that I should not have had an open container in the car, but I have never understood that law to begin with. What is the difference between having a couple of beers and then driving vs. having the same couple of beers while driving. Anyway, that is probably a mute point, just my digression.

Yes, a prosecutor can add charges, but the prosecutor would have to know about the open container. If you weren't cited for it, it is probably not in the police report so the prosecutor would be unlikely to know about it.

To LdiJ's point and the consumption chart, I tested at .016, which is less than one regular drink in an hour. I can not speak to why I would have failed the eye test (I honestly had at most 27 oz. of beer and I do not do drugs). As for the heel to toe and stand on one leg, I do not have the best balance and I tried to do it completely sober today. I failed. I just don't understand why they would chose to charge me. I was not driving erratically, not swerving, not belligerent. I am a very easy going person not trying to cause any trouble.

Anyway, I did hire an attorney today, so there is 1k down the drain. but he is very confident that he can get this dismissed. Fingers crossed.

I figured that is what the attorney would tell you.

I too would fail any field sobriety tests. I have developed horrible balance over the last few years.

 

[quincy]

Police reports are detailed so, even if DC1377 was not cited for open containers, the open containers were more than likely a part of the police report.

 

[not2cleverRed]

Yes, a prosecutor can add charges, but the prosecutor would have to know about the open container. If you weren't cited for it, it is probably not in the police report so the prosecutor would be unlikely to know about it.



I figured that is what the attorney would tell you.

I too would fail any field sobriety tests. I have developed horrible balance over the last few years.

As would I. But the difference between us and OP is we are wise enough to not drive with an open container in the car.

And frankly, stone cold sober driving is challenging enough.

OP is not 20 something; OP, at 50, is old enough to know better. I doubt this is the first time OP drank while driving.

 

[Zigner]

Police reports are detailed so, even if DC1377 was not cited for open containers, the open containers were more than likely a part of the police report.

This is exactly what I was going to point out. It is almost a certainty to me that the open containers are noted in the report. The police often don't (and don't have to) cite for every violation.

 

[quincy]

Following is a link to a sample Ohio Uniform Traffic Ticket, which became effective in July 2020. It shows what a police officer fills out. This new form is designed to collect more information from the reporting officer, and will be used with any video evidence to support charges.

Because the officer will refer to the report should he wind up in court, the facts and observations tend to be pretty detailed.

The new form:

http://www.courtnewsohio.gov/happening/2020/MUTT.pdf

 

[Taxing Matters]

Yes, a prosecutor can add charges, but the prosecutor would have to know about the open container. If you weren't cited for it, it is probably not in the police report so the prosecutor would be unlikely to know about it.

In this case I think it would be most unusual for the the open containers NOT to be mentioned in the police report as that provides part of the basis for his reasonable suspicion to do the field sobriety test and also would help support probable cause for the arrest.

I too would fail any field sobriety tests. I have developed horrible balance over the last few years.

There are a lot of people who would fail a FST stone sober, especially older drivers. That's one of the reasons why I tell people in my state not to ever consent to do the FST.

 

[quincy]

An Ohio driver is not legally required to take a field sobriety test. The field tests are used by the police to support their stop and any charge that might result from the stop. Because these tests are subjective, there is rarely any benefit to the driver in taking the test.

A driver who refuses to take a chemical test, however, can have their drivers license suspended for at least a year.

 

[DC1377]

Just wanted to give an update on my case - Both charges were dismissed today and my attorney is filing for the entire case to be expunged. He sees no reason why they wouldn't completely wipe it from my record.

 

[Zigner]

Just wanted to give an update on my case - Both charges were dismissed today and my attorney is filing for the entire case to be expunged. He sees no reason why they wouldn't completely wipe it from my record.

You lucked out. I hope you have learned to not drink and drive.