Being charged with a crime you didn't commit

[UpsetinOhio]

What is the name of your state? OH

So you drank a beer and you feel asleep in your legally parked car with the radio on...guess what it's illegal and you will are charged with Physical Control if caught. But guess what else? Not only are you charged with Physical Control but you also charged with an OVI (aka DUI). That's right even though you never drove after drinking that beer you will be charged with an OVI because apparently in Ohio you needn't have to do the act to break the law. My question is why stop at just charging an OVI? Why not charge the person who fell asleep in the legally parked car with vehicular manslaughter as well?

 

[seniorjudge]

What is the name of your state? OH

So you drank a beer and you feel asleep in your legally parked car with the radio on...guess what it's illegal and you will are charged with Physical Control if caught. But guess what else? Not only are you charged with Physical Control but you also charged with an OVI (aka DUI). That's right even though you never drove after drinking that beer you will be charged with an OVI because apparently in Ohio you needn't have to do the act to break the law. My question is why stop at just charging an OVI? Why not charge the person who fell asleep in the legally parked car with vehicular manslaughter as well?

Discussed to the point of exhaustion:

https://forum.freeadvice.com/showthread.php?t=316557

 

[UpsetinOhio]

10 post's = Discussed to the point of exhaustion? I think not.

I'd like to know the legal reasoning behind charging someone with a crime that was not commited. In Ohio we can legally carry concealed weapons, if I bring one into a store could I be arrested for robbing that store even if I never made an attempt to do so? It seems if we used this DUI logic I could be.

 

[xylene]

I'd like to know the legal reasoning behind charging someone with a crime that was not commited.

The legal reasoning is the law itself. It is writen to cover the situations your describe.

What you are upset about is political reasoning. We could debate it to death, from every angle, but that will NOT change your case.

 

[UpsetinOhio]

Except this is how the law reads....

OHIO REVISED CODE > TITLE XLV MOTOR VEHICLES > CHAPTER 4511 TRAFFIC LAWS: in “4511.01. DEFINITIONS.” and in “DRIVING WHILE INTOXICATED.”


§ 4511.01. Definitions.

(HHH) "Operate" means to cause or have caused movement of a vehicle, streetcar, or trackless trolley.

§ 4511.19. Driving while under the influence of alcohol or drugs or with certain concentration of alcohol in bodily substances; chemical analysis.

(A) (1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:


(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.


http://www.ohio.gov/government.stm

 

[xylene]

OHIO REVISED CODE > TITLE XLV MOTOR VEHICLES > CHAPTER 4511 TRAFFIC LAWS: in _4511.01. DEFINITIONS._ and in _DRIVING WHILE INTOXICATED._


§ 4511.01. Definitions.

(HHH) "Operate" means to cause or have caused movement of a vehicle, streetcar, or trackless trolley.

See how changing were the bold is changes your whole case. (Its past tense...)

 

[seniorjudge]

Except this is how the law reads....

OHIO REVISED CODE > TITLE XLV MOTOR VEHICLES > CHAPTER 4511 TRAFFIC LAWS: in “4511.01. DEFINITIONS.” and in “DRIVING WHILE INTOXICATED.”


§ 4511.01. Definitions.

(HHH) "Operate" means to cause or have caused movement of a vehicle, streetcar, or trackless trolley.

§ 4511.19. Driving while under the influence of alcohol or drugs or with certain concentration of alcohol in bodily substances; chemical analysis.

(A) (1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:


(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.


http://www.ohio.gov/government.stm

Here's one example of operating a motor vehicle:

What is the name of your state? OH

So you drank a beer and you feel asleep in your legally parked car with the radio on...guess what it's illegal and you will are charged with Physical Control if caught. But guess what else? Not only are you charged with Physical Control but you also charged with an OVI (aka DUI). That's right even though you never drove after drinking that beer you will be charged with an OVI because apparently in Ohio you needn't have to do the act to break the law. My question is why stop at just charging an OVI? Why not charge the person who fell asleep in the legally parked car with vehicular manslaughter as well?

and

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.

You were stewed to the gills AND taking dope. You have a death wish.

 

[UpsetinOhio]

Thanks for the replies, this site is really useful. Don't want to exam the law I suppose, that would be silly.

 

[Gevalia]

But you did commit the crime with which you were charged.

(2) "Physical control" means being in the driver's position of the front seat of a vehicle or in the driver's position...and having possession of the vehicle's...ignition key or other ignition device.
(B) No person shall be in physical control of a vehicle...while under the influence of alcohol, a drug, or a combination of them...(A)(1)(b), (c), (d), or (e) of section 4511.19 of the Revised Code.

(The "..." is where I deleted the references to streetcars and trolleys).

 

[UpsetinOhio]

Well in my case personally I was not intoxicated. But anyways my issue is not with the physical control charge rather it's with the OVI charge that they charge people with that did not commit that the crime.

 

[seniorjudge]

Well in my case personally I was not intoxicated. But anyways my issue is not with the physical control charge rather it's with the OVI charge that they charge people with that did not commit that the crime.

That is not what you said in your other thread:

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.

 

[UpsetinOhio]

See how changing were the bold is changes your whole case. (Its past tense...)

Yes have caused movement while intoxicated...which isn't the case in the example I gave.

 

[UpsetinOhio]

That is not what you said in your other thread:

A bad reaction to medicine doesn't = intoxication sir.

 

[Happy Trails]

A bad reaction to medicine doesn't = intoxication sir.

"Under the influence of alcohol" means that a person consumed some alcohol, whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the person's actions, reactions and mental processes under the circumstances then existing and deprived him of the clearness of intellect and control of himself which he would otherwise have possessed. The question is what effect did any alcohol consumed by the person have on him at the time and place involved. If the consumption so affected the nervous system, brain or muscles of the person so as to impair to an appreciable degree his ability to operate the vehicle, the person was under the influence. "Appreciable" means noticeable or perceptible.

The mixture of the alcohol and medicine impaired you.

"Operate" has a different definition than actually driving down the road. It includes being in control of a vehicle even if parked and not running at the time of the offense. If one is in the driver's location of a stationary vehicle and has the keys close at hand so as to be capable to put the vehicle in motion, it would be considered "operation" and thereby an offense in Ohio. Many cases in Ohio have dealt with various aspects of whether the vehicle was on private property, actually moving, driver actually in driver's seat, keys actually in the ignition and other aspects of operation. A new addition to the code will make actual physical control of the vehicle an offense.

Information found at this site (for defintion purposes only): http://www.legalphonebook.com/content/dui/ohio/laws.shtml

 

[CdwJava]

A bad reaction to medicine doesn't = intoxication sir.

Actually, it does.

- Carl