Physical Control Charge In Ohio

Topic 32798 | Page 1

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Frosty's Comment
member avatar

Has anyone had a physical control charge? (Its when you get a ticket for sleeping or being in a vehicle drunk) its a non moving no points misdemeanor in Ohio. My question is, were you able to continue trucking? I already have my job. Just more concerned about insurance companies not allowing me to stay on the stool. Its all coming up soon. Hoping for some insight from someone who went through this already.

OWI:

Operating While Intoxicated

PJ's Comment
member avatar

This raises more questions than answers. It is akin to a public intox charge.

Was the vehicle you were in a CMV? Were you arrested? Is there any type of BAC record?

These questions are the most problematic going forward. If yes it could effect your employment going forward.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards
FreeBird 's Comment
member avatar

In Oklahoma if your in a vehicle drunk sleeping no big deal…BUT if your in a vehicle drunk sleeping with the keys in the ignition it’s a DUI Misdemeanor charge. You don’t even have to have the vehicle running just them keys in the ignition. Ohio not sure. Hope all works out….

DUI:

Driving Under the Influence

Frosty's Comment
member avatar

This raises more questions than answers. It is akin to a public intox charge.

Was the vehicle you were in a CMV? Were you arrested? Is there any type of BAC record?

These questions are the most problematic going forward. If yes it could effect your employment going forward.

Howdy PJ.

No, i was on a motorcycle. Originally charged with omvi. Refused any tests. I was arrested and immediately released. Its taken 8 months and a few court dates. But, my lawyer was very effective. Im not worried about employers. My small company is like family after all these years and ready and willing to take me back.

I was hoping that someone on here had that specific charge and what the outcome was. Court is vacating the administrative license suspension for refusal and giving me a 6 month suspension (retroactive) so insurance underwriters are the last hurdle.

Ill update here when I get a final answer. It seems to be a very grey area with little to no info on the interwebs.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
PJ's Comment
member avatar

Ok that is far different scenario than you originally posted. The insurance will likely be a hugh hurdle for you. They dictate who we can hire or not hire. This will all hinge on your employer getting with their insurance agent.

Frosty's Comment
member avatar

Ok that is far different scenario than you originally posted. The insurance will likely be a hugh hurdle for you. They dictate who we can hire or not hire. This will all hinge on your employer getting with their insurance agent.

Its actually just more details on the same scenario 😆. I was looking for someone who had this charge before. I Guess nobody did. Ill let you all know what happens so that maybe some other poor soul will have an answer somewhere down the line

PJ's Comment
member avatar

Initial statement:

Its when you get a ticket for sleeping or being in a vehicle drunk) its a non moving no points misdemeanor

Followup statement:

i was on a motorcycle. Originally charged with omvi. Refused any tests.

These are 2 completely different types of events.

You may try somewhere like truckers report. Most experienced folks here won’t likely have had a similiar event.

Best wishes!

BK's Comment
member avatar

Holy suicide, Batman! Driving drunk on a motorcycle? Closed casket funeral for sure.

The probable reason no one here has any first hand experience with a similar situation is that such a person is no longer a truck driver. Or at least I hope not.

Pacific Pearl's Comment
member avatar

I agree - you have a great lawyer. Your judgement needs work.

75% of fatal motorcycle crash victims have no record of completing a training program.

57% of all motorcycle fatalities involve a rider impaired by drugs and/or alcohol.

51% - Speeding was involved in over half of fatalities and 30% of serious injuries among motorcyclists.

41% of motorcycle fatalities involve a rider not wearing a helmet.

Brett Aquila's Comment
member avatar

Well, he basically cussed you guys out and asked to have his account deleted.

Turns out people with low standards don't appreciate honest assessments.

rofl-3.gif

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