Columbus OVI/DUI Attorney Blog
Muhammad Wilkerson, former defensive end for the New York Jets, was arrested for Operating a Vehicle under the Influence and Unlawful Possession of a Loaded handgun. Wilkerson’s arrest occurred in New Jersey. If Wilkerson were arrested for these offenses in Ohio, he would be charged with OVI and Improperly Handling Firearms in a Motor Vehicle. This article describes the elements, court process, and potential penalties for these offenses in Ohio.
The Wilkerson Incident
According to TMZ Sports, an officer stopped Wilkerson and noticed a strong odor of alcohol coming from the vehicle. The officer conducted field sobriety tests, and Wilkerson reportedly failed. The officer arrested Wilkerson and searched his vehicle. In the vehicle, the officer found an open bottle of tequila and a loaded handgun. The TMZ Sports article does not say whether Wilkerson submitted to a blood, breath, or urine test. Wilkerson was charged with Operating a Vehicle Under the Influence and Unlawful Possession of a Handgun.
Elements of OVI and Improperly Handling Firearms
In Ohio, when an officer arrests a driver for OVI and finds a loaded handgun in the vehicle, the driver is charged with two offenses. The first charge is OVI, Operating a Vehicle under the Influence, in violation of Ohio Revised Code section 4511.19. The second charge is Improperly Handling Firearms in a Motor Vehicle, in violation of Ohio Revised Code section 2923.16.
When a person is charged with a crime, the prosecution must prove the elements of the crime beyond a reasonable doubt. These two offenses have elements in common, but one charge has an additional element.
To prove the charge of OVI, the prosecution must prove the defendant operated a vehicle and, at the time of operating the vehicle, the defendant was either ‘under the influence’ of alcohol and/or a drug of abuse, or ‘over the limit’ for alcohol or a drug of abuse.
To prove the charge of Improperly Handling Firearms in a Motor Vehicle, the prosecution must prove the defendant possessed or transported a loaded handgun in a motor vehicle and, at the time, the defendant was either ‘under the influence’ of alcohol and/or a drug of abuse, or ‘over the limit’ for alcohol or a drug of abuse.
Court Process for OVI and Improperly Handling Firearms
When a person in Ohio is charged with OVI and Improperly Handling Firearms, the charges may be heard together or separately. OVI is classified as a misdemeanor, and Improperly Handling Firearms is classified as a felony. Sometimes, both charges are filed in one case and heard in a Common Pleas court, as Common Pleas courts have jurisdiction to hear both felonies and misdemeanors. Other times, the felony Improperly Handling Firearms is filed in a Common Pleas court, and the misdemeanor OVI is filed in a Municipal Court, which has jurisdiction to hear only misdemeanors.
Potential Penalties for OVI and Improperly Handling Firearms
OVI is a first-degree misdemeanor with mandatory sentencing. For a first offense within ten years, the sentence includes a jail term of three days to 180 days, a driver’s license suspension of one year to three years, and a fine of $375 to $1,075. If the defendant’s blood alcohol concentration is at or over .170, the minimum jail term is increased to six days. For a second offense or more within ten years, the mandatory penalties increase. A judge may also impose non-mandatory penalties such as probation, use of an ignition interlock device, and restricted (yellow) license plates.
Improperly Handling Firearms in a Motor Vehicle is a fifth-degree felony. The sentence includes a non-mandatory prison term of six months to 12 months, probation for up to five years, and a fine of up to $2,500.
A Loaded Handgun Complicates The Situation
If Muhammad Wilkerson didn’t have a loaded handgun in the vehicle, he would be charged only with OVI. Being charged with OVI is bad enough, but having the loaded handgun in the vehicle turns a misdemeanor situation into a felony situation. Although that situation is distressing, our firm has been able to successfully resolve many cases of OVI and Improperly Handling Firearms in a Motor Vehicle.