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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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Ive been convicted of 2 "Physical control of a motor vehicle

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I've been convicted of 2 "Physical control of a motor vehicle while under the influnce" in the state of Ohio. In both cases I was not operating the vehicle, but found in a parked car. Recently, I got into an accident in Indiana where I was driving. They charged me with an OVI, which would be correct in this case. However, they charged me with a Felony Class D, based on an Indiana law requiring this charge for a 2nd or 3rd OVI. If this would of happened in Ohio it would be my 1st actual OVI, but in Indiana those 2 acts WOULD HAVE BEEN charged as an OVI. How can Indiana convict me on a greater charge when this have both been resolved in Ohio and found guilty of a lesser charge? Do I have a case here???
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Customer: replied 5 years ago.
Yes....I am still waiting for an answer. Thanks!
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Welcome and thank you for your question!

I am sorry to learn of your experience. Indiana law provides:

IC 9-30-5-3
Class D felony; previous convictions; passenger less than 18 years of age
Sec. 3. (a) Except as provided in subsection (b), a person who violates section 1 or 2 of this chapter commits a Class D felony if:
(1) the person has a previous conviction of operating while intoxicated that occurred within the five (5) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter; or
(2) the person:
(A) is at least twenty-one (21) years of age;
(B) violates section 1(b) or 2(b) of this chapter; and
(C) operated a vehicle in which at least one (1) passenger was less than eighteen (18) years of age.
(b) A person who violates section 1 or 2 of this chapter, or subsection (a)(2) of this section, commits a Class C felony if:
(1) the person has a previous conviction of operating while intoxicated causing death (IC 9-30-5-5); or
(2) the person has a previous conviction of operating while intoxicated causing serious bodily injury (IC 9-30-5-4).

The only thing that is relevant is Indiana law. What would have happened in Ohio is not relevant but your most recent event occurred in Indiana.

What does Indiana law require? "the person has a previous conviction of operating while intoxicated that occurred within the five (5) years immediately preceding the occurrence of the violation of section 1 or 2 of this chapter."

Legally, you have two prior intoxicated convictions involving motor vehicles. This is why Indiana is charging with the Class D Felony.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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~~ J.B.
Customer: replied 5 years ago.

Hi there,

Thanks for the information. So, in essence even though Ohio where I reside would not look at it that way, Indiana can. Therefore, the charge is understandable?

Jerry

Yes, Indiana can charge according to its laws because that's where the most recent offense has occurred. The charge is a valid one under Indiana law. As you can see, Indiana has a tougher set of laws than Ohio when it comes to these things.

Of course, the local prosecutor does have the discretion to negotiate a plea agreement to a lower offense. That is a matter of prosecutorial discretion. That is something your attorney can explore with the prosecutor at upcoming court dates.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 4 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.

OK. Thanks for all the information!