What is a Physical Control Violation? Is It Better Than An OVI?
Why should I consider a reduction to Physical Control?
Want to know what physical control means for your case? Watch our video on physical control charges .
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 you did not operate your vehicle and place others at risk.
There are many reasons why an attorney may seek a physical control charge as a reduction from an OVI (drunk driving) charge. Firstly, a subsequent OVI charge will carry significantly reduced ramifications. 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. For example, if you are convicted of OVI and you have had a prior OVI conviction within the last six years, your minimum jail time will jump from three days to 10 days. If you are convicted of OVI and have a prior PC conviction, the minimum jail time is still only three days.
A PC charge also carries zero (0) points on your Ohio license. Not having points is important if you have had prior traffic convictions and may save you significantly on your auto insurance rates. In addition, a PC may not count as a “major incident” on a commercial driver’s license (CDL) due to the fact that it is a non-moving violation.
Pleading guilty to a physical control charge will require you to pay a $475.00 reinstatement fee to the Ohio BMV.
Most importantly, being convicted of “physical control” does not carry the stigma of an OVI conviction and may save you untold ramifications in the future. Call Charlie at (937) 318-1384 to discuss your case.
