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Don't Forget to Throw the Keys in the Back
By Jon J. Saia (Adams County, Allen County, Ashland County, Ashtabula County, Athens County, Auglaize County, Belmont County, Brown County, Butler County, Carroll County, Champaign County, Clark County, Clermont County, Clinton County, Columbiana County, Coshocton County, Crawford County, Cuyahoga County, Darke County, Defiance County, Erie County, Franklin County, Fulton County, Gallia County, Geauga County, Guernsey County, Hamilton County, Hancock County, Hardin County, Harrison County, Henry County, Highland County, Hocking County, Holmes County, Huron County, Jackson County, Jefferson County, Lake County, Lawrence County, Logan County, Lorain County, Lucas County, Madison County, Mahoning County, Medina County, Meigs County, Mercer County, Miami County, Monroe County, Morgan County, Muskingum County, Noble County, Ottawa County, Paulding County, Perry County, Pike County, Portage County, Preble County, Putnam County, Richland County, Ross County, Sandusky County, Scioto County, Seneca County, Stark County, Summit County, Trumbull County, Tuscarawas County, Union County, Van Wert County, Vinton County, Warren County, Washington County, Wayne County, Williams County, Wood County, Wyandot County)
After a night of drinking you find yourself in your car searching for your keys. You wonder if you might have had one too many to drive. Your friends have all gone home. You’re only a couple miles from home yourself. It's cold outside. Your thinking of your warm bed.
Visions of red and blue lights are flash in your mind, the wind is blowing, and you're practicing the alphabet in reverse as you open the door and sit down. You tell yourself you can make it home without any problem, however, you decide to play it safe and sleep it off for a little while. You recline the driver's seat, tilt the wheel, turn the key forward to get the heater going, and kick back and close your eyes.
You're doing the right thing...Right?
You're not putting anyone else at risk...Right?
You're surely not doing anything illegal...Right?
Wrong.
In fact, you are in clear violation of Ohio's recent “Physical Control” law. More specifically, you are in violation of Ohio Revised Code Section 4511.194, which states that "no person shall be in physical control of a vehicle if the person is under the influence of alcohol, a drug of abuse, or a combination of them."
So, what does this mean for the average person?
It means that in addition to being careful not to drink and drive, you also have to be careful when you drink and don't drive. Sound confusing enough yet?
Consider some of the details of Ohio's Physical Control law:
As a preliminary matter, the Ohio Legislature has determined that you are a danger to the public if you are under the influence and while driving, having the key in the ignition, or having the key in your possession or close at hand. In other words, you don't even have to be driving to get arrested and convicted of “Physical Control.” In fact, the key doesn't even have to be in the ignition. Simply evidence of having the ignition key in your possession while under the influence will support a conviction for “Physical Control.”
There are only two necessary elements to be in violation of Revised Code 4511.194 are (1) being under the influence and (2) being in physical control of a vehicle.
"Under the Influence," is defined as being "appreciably impaired" by the effects of alcohol, a drug of abuse, or a combination of alcohol and a drug of abuse.
"Physical Control" means being in the driver's position of the front seat of a vehicle and having possession of the vehicle's ignition key or other ignition device.
Put these two elements together and you are guilty under Revised Code Section 4511.194, “Having Physical Control of a Vehicle While Under the Influence.”
So, what are the penalties for a violation of Ohio’s “Physical Control” Law?
A violation of Ohio’s “Physical Control” Law is a first degree misdemeanor, punishable by a fine of up to $1000.00 and up to six (6) months in the county jail.
Additionally, the Court can impose a Class 7 suspension of the offender's Ohio Driver's License for a definite period of up to One (1) year.
The Court can also impose court-ordered alcohol counseling and a definite term of probation up to three (3) years.
And that's just the legal consequences.
Monetary consequences include attorney fees, increased insurance premiums, transportation costs to and from work while under a court-ordered license suspension, license reinstatement fees and many other endless incidental expenses that accompany a conviction.
So, what's the best thing to do to protect yourself?
The best thing is to be particularly careful in situations involving alcohol consumption and vehicles. Know the laws. Keep yourself informed of the possible consequences.
Be careful that you don't find yourself stuck between the technical cracks of Ohio's constantly-evolving traffic laws related to drunk driving.
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