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Physical Control

Dayton, OH |

Can a charge of "Physical Control" that has 0 points be eventually expunged or sealed, if you have had no prior convictions and a clean driving record?

Also, if your OVI charge is brought down to Physical Control, do you have to pay the $475 reinstatement fee with the DMV and retake the drivers test that was associated with the OVI charge? It's hard to find the answers to these questions. Thank you for your help.

Attorney Answers 2


Traffic offenses can not be expunged. However, the BMV only shows them on the public records for a few years. The police will have them forever if you are stopped again. The reinstatement fee is a matter of controversy right now. You will have to fight to not have to pay it. A good lawyer can help you with that. As for retesting, unless you license has expired or you have accumulated 12 points within 2 years, you should not have to retest.

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"Being in Physical Control of Vehicle Under the Influence" cannot be expunged/sealed. If driving privileges were suspended as part of the sentence under a "Being in Physical Control of Vehicle Under the Influence" charge or as part of an Administrative License Suspension due to a charge of "Being in Physical Control of Vehicle Under the Influence," the reinstatement fee is $475. Generally, in Ohio, there is no requirement to retake the drivers test due to a conviction "Being in Physical Control of Vehicle Under the Influence."

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