My son was arrested for OVI while sleeping in the passenger seat of a running vehicle. He was intoxicated however he was waiting for his friend to come and get him and started the car to get warm. He eventually fell asleep and that is when the police pulled up and arrested him. His court day is Monday and if he pleads no contest will he be able to explain his actions to the judge? He knows he was wrong but was actually attempting to do the right thing and not drive. Also What are the chances of him getting the charges reduced?
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Alcohol & Drugs: DUI, DWI OVI Law
- Thread Starter Tammy925
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jharris352
New Member
If he pleads no contest he will not get any chance to explain to the judge. I would plead not guilty and explain to the judge. Do you have the code section he was charged with so I can look it up?
jharris352
New Member
I found this. Your son is technically in violation of the law but I would bet if he takes a Judge trial, pleads not guilty, explains himself, and brings the friend that was to be driving the car that he will get off. Ohio Law "rewards" a driver for recognizing he is too drunk and not actually operating the car. There is a lesser offense.
I would suggest that you, at minimum, take the court appointed attorney in the case.
Good Luck.
New "Physical Control" law added
For many years, law enforcement agencies and the Ohio legislature wrestled with the idea of encouraging those who are drinking to "pull off the road." A minority of courts in Ohio also attempted to encourage this behavior by refusing to convict a person if the vehicle was not being driven. But, the majority of courts held to the rule that if the car was "capable to being driven," even though not moving, the offender was still guilty of OMVI (now OVI).
The Ohio legislature has now dealt with this controversy by enacting a new physical control law. This new law recognizes that one can be in physical control of a vehicle, but not moving the vehicle. Being found guilty of the offense does not have the same ramifications of OVI and "rewards" offenders for not moving a vehicle while under the influence.
Therefore, if you leave a party or bar, recognize that you may be under the influence, get in your vehicle, turn on the ignition, but do not move the vehicle, you can rely on this lesser offense. BUT, what if you are driving your vehicle and then realize you may be under the influence and pull over? The law DOES NOT recognize this scenario and you are still guilty of OVI.
Historically, Ohio has had one of the toughest DUI laws in the United States. The changes to the law make the consequences even more punitive and complicated. NEVER, try to resolve any DUI without an attorney!(Go to Top)
I would suggest that you, at minimum, take the court appointed attorney in the case.
Good Luck.
New "Physical Control" law added
For many years, law enforcement agencies and the Ohio legislature wrestled with the idea of encouraging those who are drinking to "pull off the road." A minority of courts in Ohio also attempted to encourage this behavior by refusing to convict a person if the vehicle was not being driven. But, the majority of courts held to the rule that if the car was "capable to being driven," even though not moving, the offender was still guilty of OMVI (now OVI).
The Ohio legislature has now dealt with this controversy by enacting a new physical control law. This new law recognizes that one can be in physical control of a vehicle, but not moving the vehicle. Being found guilty of the offense does not have the same ramifications of OVI and "rewards" offenders for not moving a vehicle while under the influence.
Therefore, if you leave a party or bar, recognize that you may be under the influence, get in your vehicle, turn on the ignition, but do not move the vehicle, you can rely on this lesser offense. BUT, what if you are driving your vehicle and then realize you may be under the influence and pull over? The law DOES NOT recognize this scenario and you are still guilty of OVI.
Historically, Ohio has had one of the toughest DUI laws in the United States. The changes to the law make the consequences even more punitive and complicated. NEVER, try to resolve any DUI without an attorney!(Go to Top)
mightymoose
Moderator
The charge is legitimate only because the keys were in the ignition and he was the only occupant, even though he was in the passenger seat. He was clearly in control of the vehicle. If they keys were not in the ignition then the charge could easily be fought off. However.... if he was in the driver's seat with no keys in the ignition then it complicates things again.
However, it greatly helps his defense that he was found in the passenger seat. If he was not driving, and had not been driving, then he has a good chance to at least reduce the charge.
The public defender can probably help to make a reasonable argument with this, and as suggested, have the friend that was supposed to dirve the vehicle show up to court to testify to that fact.
However, it greatly helps his defense that he was found in the passenger seat. If he was not driving, and had not been driving, then he has a good chance to at least reduce the charge.
The public defender can probably help to make a reasonable argument with this, and as suggested, have the friend that was supposed to dirve the vehicle show up to court to testify to that fact.
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