Category Archives: Physical Control

What is the charge of physical control and how can Charles Rowland help you defend yourself.

No, A Physical Control Does Not Count As A “Prior Offense”

We get this Physical Control Question Quite a Bit! A physical control conviction (R.C. 4511.194) does not count as a "prior offense" for purposes of enhancing a subsequent OVI (drunk driving) charge.  This principle is spelled out in case law and in statute.  R.C. 4511.181 sets forth the offenses that count as prior convictions.  It…
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What is a Physical Control Violation? Is It Better Than An OVI?

Why should I consider a reduction to Physical Control? While a “physical control” conviction (O.R.C. 4511.194)  is similar to an OVI conviction (O.R.C. 4511.19) in that both are alcohol-related first degree misdemeanors, the PC conviction does not carry mandatory minimum penalties. In fact, a court may give proportionally lighter penalties due to the fact that…
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A Physical Control Conviction Is Not A Prior Offense

A physical control conviction does not count as a "prior offense" for purposes of enhancement.  This principle is spelled out in case law and in statute.  R.C. 4511.181 sets forth the offenses that count as prior convictions.  It does not list a violation of physical control (R.C. 4511.194) as a predicate offense.  It does not…
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Can I Get An ALS Suspension On A Physical Control Charge?

If you are found drunk in a non-moving car, you may be charged with a violation of O.R.C. 4511.194, Physical Control of an Automobile While Impaired instead of drunk driving (O.R.C. 4511.19, OVI, DUI, OMVI).  The arresting officer, on behalf of the Ohio Bureau of Motor Vehicles (hereinafter BMV), imposes an Administrative License Suspension at…
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Top Ten Rules for Partying in Ohio

In light of the arrest made following the University of Dayton's victory, we offer college students these rules for partying (legally) in Ohio. Rule #1: Don't Drink and Drive Ohio has some of the most stringent drunk driving laws in the county.  A first-time offender faces 180 days in jail and a one thousand seventy-five…
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