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Ohio Revised Code 4511.194, Physical Control

November 29th, 2011

Ohio Revised Code section 4511.194 defines the crime of “Physical Control.” 

Steering Wheel

The crime of “Physical Control” involves being in physical control of a vehicle while under the influence of alcohol or a drug of abuse.  This definition means that you do not have to be driving or operating the car.  If a person is in the driver’s position of the front seat of a vehicle, or in the driver’s position of a streetcar, or trackless trolley and having possession of the vehicle’s, streetcar’s or trackless trolley’s key, or other ignition device that person is in “physical control” of the vehicle.  See Cincinnati v. Kelley, 47 Ohio St.2d 94, 351 N.E.2d 85 (1976).

Vehicle is defined at R.C. 4511.01(A) as

every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that “vehicle” does not include any motorized wheelchair, any electric personal assistive mobility device, and device that is moved by power collected from overhead electric trolley wires, or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power.

Thus, one could be convicted of Physical Control of a bicycle, but not a unicycle, tricycle, wheelbarrow or shopping cart. This same quirky logic applies to Ohio’s OVI (drunk driving) statute, R.C. 4511.19.

“Operate” is defined at R.C. 4511.01(HHH) as “to cause or have caused movement.”  But, being found slumped over the wheel of a vehicle whilst the vehicle is running has been found to be operation of the vehicle, State v. Adams, 2007-Ohio-4932 (Ohio Ct. App. 3d Dist. Crawford 2007).  In State v. Mackie, 128 Ohio App.3d 167, 714 N.E.2d 405 (1st Dist. Hamilton County 1998), a defendant’s car was stuck in a snowbank and was incapable of movement.  His conviction was reversed due to insufficient evidence to show intoxication when the vehicle was operable.   The Mackie decision offers a good discussion of the intricacies that are raised by attempting to define “operation.”

Physical Control is a first degree misdemeanor in Ohio which is punishable by a maximum $1,000.00 fine, a license suspension of up to one year and a maximum jail sentence of six (6) months.  Physical Control is preferable to some commercial drivers because it may not count as a “major incident” for CDL purposes.  Unlike a reckless operation charge (O.R.C. 4511.20), Physical Control carries no “POINTS” on your Ohio license.  The court may also require the defendant to attend a 3-day weekend intervention alcohol education course.  Another major benefit of the Physical Control statute (which is also true of Reckless Operation) is that whereas prior OVI convictions trigger enhanced minimum penalties for future OVI convictions, prior physical control convictions would not trigger those enhanced penalties for future OVI convictions.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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DUI Arrests Are Up, Fatalities Are Down

November 28th, 2011
33.OSHP.DBC.BlueValorRun.NLEOM.WDC.12May2011

The Ohio State Highway Patrol was busy this Thanksgiving  holiday.  OVI arrests were up 14 percent compared with last year’s holiday.  Drug arrests jumped 37 percent.  There was also a major law enforcement effort including OVI checkpoints, saturation patrols and overtime patrol “crackdowns.”

Preliminary reports released by the Ohio State Highway Patrol show that 14 people were killed on Ohio’s roadways between the Wednesday before and the Sunday after Thanksgiving. In 2010, 18 people died during the same period and in 2009 20 lost their lives.  Numbers are down despite this year’s reporting period being longer as it included the entire day before Thanksgiving while last year’s reporting began at 6:00 p.m. Wednesday.

The Ohio State Highway Patrol considered this weekend a major success.  In a press release Colonel John Born, Patrol superintendent stated, “[w]e are encouraged by the reduction of fatalities and the increase in the arrests of criminals using our highways to carry out their crimes.  I hope that the success of this holiday weekend will continue throughout the remainder of the year.”

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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An Ohio OVI Conviction May Prevent Entry Into Canada

November 27th, 2011

Driving Under the Influence May Prevent Entry Into Canada

Senate Chamber, Centre Block of the Parliament...

Canada places strict limits on who may enter.  One of the most vexing restrictions is the Criminal Inadmissibility due to a DUI charge.  Shockingly, you may also be denied admission due to the conduct of a dependent who has a prior DUI offense.  Obviously, the best way to prevent a problem is to hire an aggressive DUI/OVI attorney who will fight to prevent a conviction.  Tell your Ohio OVI attorney about any Canadian travel you regularly take or may be required to take for your business.  However, if you have been previously convicted of a DUI you should contact a qualified immigration attorney who can address your issues prior to your planned trip.  HERE is a link to a firm which specializes in immigration issues (please note we have no relationship with this firm, they just provide good information).

Criminal inadmissibility can be overcome permanently by Criminal Rehabilitation or temporarily by obtaining a Temporary Resident Permit.  There are two ways to be deemed Criminally Rehabilitated.  The first is to be “Deemed Rehabilitated.”  If you have only been convicted of a single DUI/OVI offense and ten (10) years have elapsed since completion of the sentence you can be deemed rehabilitated.  Yes, you read that right…  TEN YEARS are required to rehabilitate a DUI conviction.  Please also note that the ten years starts after completion of the sentence, not ten years from the date of the offense. Canada also allows you to “Apply for Rehabilitation.”  To be eligible, a period of five (5) years from the completion of the entire sentence must have elapsed.  If you have more than one DUI offense you must “Apply for Rehabilitation” because the “Deemed Rehabilitated” status only applies to first offenders.  You can also overcome inadmissibility by applying for an receiving a Temporary Residence Permit.  You have to state with particularity why you wish to enter the country and satisfy Canadian immigration officials that you should be allowed to enter.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver  in:  Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at:CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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Arrested for DUI on Thanksgiving?

November 26th, 2011

Thanksgiving

If you find yourself in need of a qualified DUI/OVI attorney in the Miami Valley due to an OVI arrest over this Thanksgiving weekend, please contact Charles M. Rowland II at (937) 318-1DUI (1384).  We work hard to bring you the best information on Ohio’s tough drunk driving laws.  If this is your first visit to the Ohio DUI/OVI Blog consider starting your search for an attorney by reading the following articles.  We offer a free consultation and a 24-hour DUI Hot-line at 937-776-2671.

You can also find specific information on local courts, juvenile/underage DUI laws, Commercial Drivers License (Truck driver) Issues, Ohio drunk driving law updates, boating DUI issues, driver’s license issues, military DUI issues, driving under the influence of drugs, traffic law issues, obtaining driving privileges, and felony offense information.  We have also tried to provide some great information on how we will fight your case and get your life back.

Thank you for visiting our site and remember, “ALL I DO IS DUI DEFENSE.”

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Greene County Courts (An Overview)

November 25th, 2011

If you are arrested for DUI/OVI in Greene County, Ohio you will appear in one of the following courts.

  • Greene County Court of Common Pleas: The Greene County Court of Common Pleas is located at 45 N. Detroit St., Xenia, Ohio 45385 in the historic Greene County Courthouse.  The Court is responsible for felony level offenses (including felony level OVI offenses, Aggravated Vehicular Homicide and Aggravated Vehicular Assault cases) arising in Greene County, Ohio.  The Greene County Court of Common Pleas is presided over by the Honorable Stephen A. Wolaver (937) 562-5218, and the Honorable Michael A. Buckwalter (937) 562-5217. For information about a specific Greene County Common Pleas case, contact the Clerk of Courts at (937) 562-5290.  Greene County maintain two jail facilities, the Greene County Jail located at 77 East Market Street, Xenia, Ohio 45385, (937) 562-4840 and the Greene County Adult Detention Center, 2295 Greeneway Blvd., Xenia, Ohio 45385, (937) 562-5840.
  • O.V.U.A.C. (Operating a vehicle after underage consumption) and Juvenile OVI offenses are heard in the Greene County Juvenile Court, 2100 Greeneway Blvd., Xenia, Ohio 45385, (937) 562-4000.  The judge of the Greene County Juvenile Court is the Honorable Robert H. Hutcheson.  The Juvenile Detention Center is part of the Greene County Juvenile Court Complex, the west wing of the building, located at 2100 Greene Way Blvd., Xenia, Ohio  45385.
  • The Fairborn Municipal Court, located at at 1148 Kauffman Ave., Fairborn, Ohio 45324, maintains a copy of its fee schedule on its web site. The Fairborn Municipal Court serves Fairborn, Bath Township, Beavercreek and Beavercreek Township. The court conducts preliminary hearings in felony cases, handles traffic and non-traffic misdemeanors, and civil cases where the money in dispute does not exceed $15,000. The Greene County Common Pleas Court (Xenia) handles felony criminal cases.  You can contact the Fairborn Municipal Court at; (937) 754-3040 or by fax at  (937) 879-4422.  The presiding Judge of the Fairborn Municipal Court is Beth W. Root who became judge of the Fairborn/Beavercreek Municipal Court in January 2008.Fairborn/Beavercreek Municipal Court.
  • The Xenia Municipal Court is located on the second floor of Xenia City Hall, 101 N. Detroit Street. The XMC Probation Department is located at 64 E. Main St.Xenia Municipal Court.  Hours are 7:30 a.m. until 4:30 p.m. on Mondays, Tuesdays & Wednesdays.  Hours are 7:30 a.m. until 4:00 p.m. on Thursdays and Fridays.  You can contact the Xenia Municipal Court at (937) 376-7290.  The Xenia Municipal Court has jurisdiction for the cities of Xenia and Bellbrook; the villages of Yellow Springs, Cedarville, Jamestown, Spring Valley, and Bowersville; and the townships of Sugarcreek, Xenia, Cedarville, New Jasper, Silvercreek, Ceasarcreek, Miami, Jefferson, Ross, and Spring Valley. The Court’s jurisdiction also includes four college campuses: Central State University, Wilberforce University, Cedarville College, and Antioch College.  Law enforcement agencies located within the jurisdiction of the court include: Bellbrook Police Department; Cedarville Police Department; Central State University Police Department; Greene County Animal Control; Greene County Sheriff’s Office; Greene County Parks District; Jamestown Police Department; Ohio Department of Parks and Natural Resources; Ohio Department of Wildlife; Ohio State Highway Patrol; Sugarcreek Township Police Department; Wilberforce University Police Department; Xenia Police Division; and Yellow Springs Police Department.
  • The Yellow Springs Mayor’s Court hears misdemeanor offenses that occur in the jurisdiction of the Yellow Springs Police Department.  The Yellow Springs Mayor’s Court is held in the Byron Community Center, located at 100 Dayton Street just adjacent to downtown Yellow Springs.  The Byron Community Center also houses the Yellow Springs Police Department, which can be reached at: Non-Emergency: (937) 767-7206 or at dispatch@yso.com. For inquiries regarding court appearances, fine and costs amounts, court procedures and other court matters, you may call the Clerk of Court’s office at (937) 767-3400.  If you wish, you may remove your case from the Yellow Springs Mayor’s Court to the jurisdiction of the Xenia Municipal Court located at 101 N. Detroit St., Xenia, Ohio.  Removal is a decision that should be made only after a complete consultation with an attorney familiar with the Yellow Springs Mayor’s Court and the Xenia Municipal Court.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out the CONTACT form on any of these pages.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitterupdates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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Posted in Beavercreek DUI, Bellbrook DUI, Fairborn DUI, Greene County, Xenia DUI Attorney

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