How To Beat A Physical Control Charge In Ohio

How to Beat a Physical Control Charge in Ohio

Facing a physical control charge in Ohio can be daunting, but understanding the legal nuances and building a strong defense can significantly improve your chances of a favorable outcome. This guide outlines key strategies and considerations for fighting this charge. Remember, this information is for educational purposes only and does not constitute legal advice. Consult with an experienced Ohio criminal defense attorney for personalized guidance on your specific case.

Understanding Ohio's Physical Control Law

Ohio Revised Code § 4511.19(A)(1) defines physical control as having "physical control of any vehicle regardless of whether the vehicle is in motion." This means you can be charged even if your car wasn't moving. The prosecution must prove beyond a reasonable doubt that you were operating or in physical control of a vehicle while under the influence of alcohol or drugs.

Key Elements the Prosecution Must Prove:

• Physical Control: Were you behind the wheel? Were the keys in the ignition? Could you readily operate the vehicle? Even seemingly minor actions can be considered evidence.
• Intoxication: The prosecution needs to demonstrate you were impaired by alcohol or drugs, using evidence like blood alcohol content (BAC) tests, field sobriety tests, witness statements, and observations of your behavior.

Building a Strong Defense Against a Physical Control Charge

Your defense strategy will depend on the specific circumstances of your arrest. However, some common approaches include:

1. Challenging the Evidence of Physical Control

• Lack of Intent: Argue you weren't attempting to operate the vehicle. Perhaps you were merely sleeping in your car, stranded, or momentarily resting.
• Improper Stop: If the police pulled you over illegally, the evidence obtained might be suppressed. Was there probable cause for the stop? Did the officer follow proper procedure?
• Lack of Physical Control: Were you actually in a position to operate the vehicle? If you were slumped over, unconscious, or far from the driver's seat, your physical control may be questionable.

2. Challenging the Evidence of Intoxication

• Question the accuracy of the BAC test: Were proper procedures followed during the test administration? Were there any potential sources of contamination or malfunction? Could there have been a problem with the equipment?
• Challenge Field Sobriety Tests: These tests are subjective and can be influenced by various factors unrelated to intoxication. Were the tests administered correctly? Were there any mitigating circumstances affecting your performance?
• Alternative Explanations for Impaired Behavior: Was there a medical condition or medication that could have contributed to your behavior?

3. Negotiating a Plea Bargain

In some cases, negotiating a plea bargain with the prosecution might be a strategic option. This could involve pleading guilty to a lesser charge or accepting alternative sentencing. This should be carefully considered with your lawyer.

Finding a Qualified Ohio Criminal Defense Attorney

Navigating the complexities of a physical control charge requires experienced legal representation. A skilled attorney can:

• Investigate the facts of your case thoroughly.
• Analyze the strength of the prosecution's evidence.
• Develop a strategic defense tailored to your specific circumstances.
• Negotiate with the prosecution for the best possible outcome.
• Represent you in court if the case goes to trial.

Successfully fighting a physical control charge requires a comprehensive understanding of Ohio law and effective legal advocacy. Remember to prioritize seeking legal counsel from a qualified Ohio criminal defense attorney. Don't face this alone. Your future depends on it.