An off-duty Ohio police officer was stopped for speeding by a trooper from the Ohio State Highway Patrol (according to WKBN). The trooper suspected the officer was under the influence, so the trooper requested the officer to perform field sobriety tests. The officer refused. The trooper arrested the officer and found a loaded handgun in the officer’s vehicle. The officer was charged with DUI (called ‘OVI’ in Ohio) and Improperly Handling Firearms in a Motor Vehicle.
OVI and Improperly Handling Firearms
In a situation like this, it is typical for the driver to be charged with two separate offenses. The offenses have overlapping elements (what the prosecution must prove), but the elements are not identical. The two charges have different penalties which may be imposed separately. The two charges may be heard together in one court, or they may be heard as separate cases in separate courts.
What The Prosecution Must Prove
For the charge of OVI, the prosecution must prove the driver was ‘under the influence’ of alcohol or a drug of abuse or was ‘over the limit’ for alcohol or a drug of abuse at the time of operating the vehicle. For the charge of Improperly Handling Firearms in a Motor Vehicle, the prosecution must prove the defendant transported a loaded firearm in a motor vehicle and was ‘under the influence’ or ‘over the limit’ at the time.
Sentencing
The charge of OVI is categorized as a first-degree misdemeanor. For a first offense, the sentence includes a jail term of three days to six months, a driver’s license suspension of one year to three years, and a fine of $565 to $,1075. The defendant may also be placed on probation for up to five years. The sentence is enhanced if the defendant has prior OVI convictions within the past ten years, if the breath/blood/urine test is a ‘high test (BAC of .170 or more), and if the defendant refused a breath/blood/urine test and has a prior OVI conviction within the past 20 years.
The charge of Improperly Handling Firearms in a Motor Vehicle is categorized as a fifth-degree felony. The sentence includes a prison term of six months to 12 months, a fine of up to $2,500, and probation for up to five years. If a defendant is convicted of both charges, the court can sentence the defendant for both charges, including consecutive terms of incarceration.
One Case or Two
In Ohio, different courts have jurisdiction over different types of cases. Municipal courts have jurisdiction over misdemeanor cases. Common pleas courts have jurisdiction over felony cases and also have jurisdiction to hear misdemeanor cases.
Sometimes a defendant facing these two charges has two separate cases. The misdemeanor OVI is heard in the municipal court, and the felony Improperly Handling Firearms in a Motor Vehicle is heard in the common pleas court. Other times, both charges are filed in one case and heard together in the common pleas court. Whether there is one case or two varies from county to county in Ohio.
Legal Representation
It sounds self-serving to recommend that a person charged with these two offenses should hire a lawyer with expertise in OVI defense. Nevertheless, it is true. Both charges require the prosecution to prove the defendant was ‘under the influence’ or ‘over the limit’, and skilled OVI defense attorneys effectively represent clients facing these allegations.
About the Author: Shawn Dominy is a leading OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio. He can be reached through his law firm’s website: Dominy Law Firm.
