What constitutes “physical control”?

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What constitutes “physical control”?

I was dropped of at my vehicle to wait on my husband to come get me. When I got to the car I unlocked the doors got in the car called him to tell him where I was. I then threw my keys in the back seat and went to sleep. I was awaken by the Garfield police, asking for my licenses and insurance. I provided that to them and let them know that Ihad been drinking and I was waiting on my husband to come get me. I was arrested and charged with physical control. I feel as though I did not do anything wrong. What should I do?

Asked on November 26, 2012 under Criminal Law, Ohio

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

Based on your statement (not having seen the incident report or conducted any investigation in your case), it appears that you may have a winable case.  You should retain the services of an attorney right away to conduct a thorough investigation and advise you on the best course of action in your case.


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