The Law Offices of Saia & Piatt Inc.
  • Columbus
    614-444-3036
  • Mayfield Heights
    440-646-1881
  • Delaware
    740-362-4772
  • Mt. Gilead
    419-946-7876
View Our Practice Areas

The Differences Between Reckless Operation and Physical Control

A Reckless Operation is a misdemeanor traffic offense that carries four (4) points against your Ohio Driver's License. Reckless Operation covers a whole host of traffic mishaps, from driving more than 20 miles over the speed limit to striking an inanimate object. What Reckless Operation is not associated with, is drugs or alcohol. There are no mandatory penalties associated with a Reckless Operation conviction. However, should your license be suspended by the court for a Reckless Operation conviction, the reinstatement fee which must be paid to the BMV at the conclusion of your suspension is $40.00.

Physical Control/Under the Influence is also a misdemeanor traffic offense, but because it is considered a non-moving offense, it carries zero (0) BMV points. "Physical control" is defined as being in the driver's position of the front seat of a vehicle and having possession of the vehicle's ignition key while under the influence alcohol or drugs, but not actually operating the vehicle. An example would be someone who leaves a party and decides to "sleep it off" in their car rather than actually driving anywhere. So, the offense is associated with the consumption of alcohol and/or drugs. There is no mandatory suspension associated with a Physical Control conviction. However, should the court decide to suspend your license as the result of a Physical Control conviction, the reinstatement fee is the same as that of an OVI suspension: $475.00.

There are benefits and draw-backs to entering a guilty plea to either one of these charges, but both carry far fewer penalties and stigma than having an OVI conviction on your record. If you find yourself in a situation where you may be able to take advantage of a reduction to your OVI charge, make sure you fully discuss your options with your attorney and understand which choice is right for you.

Jessica D'Varga is an Associate Attorney with The Law Offices of Saia & Piatt, Inc. and dedicates her practice to defending clients against OVI, criminal, and traffic charges.

A Reckless Operation is a misdemeanor traffic offense that carries four (4) points against your Ohio Driver's License. Reckless Operation covers a whole host of traffic mishaps, from driving more than 20 miles over the speed limit to striking an inanimate object. What Reckless Operation is not associated with, is drugs or alcohol. There are no mandatory penalties associated with a Reckless Operation conviction. However, should your license be suspended by the court for a Reckless Operation conviction, the reinstatement fee which must be paid to the BMV at the conclusion of your suspension is $40.00.

Physical Control/Under the Influence is also a misdemeanor traffic offense, but because it is considered a non-moving offense, it carries zero (0) BMV points. "Physical control" is defined as being in the driver's position of the front seat of a vehicle and having possession of the vehicle's ignition key while under the influence alcohol or drugs, but not actually operating the vehicle. An example would be someone who leaves a party and decides to "sleep it off" in their car rather than actually driving anywhere. So, the offense is associated with the consumption of alcohol and/or drugs. There is no mandatory suspension associated with a Physical Control conviction. However, should the court decide to suspend your license as the result of a Physical Control conviction, the reinstatement fee is the same as that of an OVI suspension: $475.00.

There are benefits and draw-backs to entering a guilty plea to either one of these charges, but both carry far fewer penalties and stigma than having an OVI conviction on your record. If you find yourself in a situation where you may be able to take advantage of a reduction to your OVI charge, make sure you fully discuss your options with your attorney and understand which choice is right for you.

Jessica D'Varga is an Associate Attorney with The Law Offices of Saia & Piatt, Inc. and dedicates her practice to defending clients against OVI, criminal, and traffic charges.

No Comments

Leave a comment
Comment Information

A Nationally Recognized Law Firm

Email Us For A Response

Start Fighting Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Columbus Office
713 South Front Street
Columbus, OH 43206

Toll Free: 888-444-3036
Phone: 614-444-3036
Map & Directions

Mayfield Heights Office
1392 SOM Center Road
Mayfield Heights, OH 44124

Phone: 440-646-1881
Fax: 440-443-1969
Map & Directions

Delaware Office
98 North Union Street
Delaware, OH 43015

Phone: 740-362-4772
Fax: 740-362-4802
Map & Directions

Mt. Gilead Office
19 East High Street
Mt. Gilead, OH 43338

Phone: 419-946-7876
Fax: 419-947-8595
Map & Directions

Review Us
Call Today For A Free Case Evaluation :
614-444-3036 or 888-684-6446 (888OVIOHIO)