Ohio Failure to Control Attorney

Steering Your Defense

The Dayton traffic lawyers at Gounaris Abboud have defended numerous clients against failure to control charges.

We understand just how important driving is to many Ohioans, and a charge based on failure to maintain reasonable control over a vehicle can jeopardize your license. That is why we do everything possible under the law to protect our clients from penalties and punishments.

We serve clients throughout Southwest Ohio in the counties of Montgomery, Warren, Butler, and more! Come by and see us in one of our offices located in Dayton, Springboro, and West Chester.

What’s a “Failure to Control”?

The charge of failure to control, which is found in the Ohio Revised Code 4511.202, occurs when a driver fails to exercise and maintain reasonable, physical control over a motor vehicle on a public roadway.

It’s a minor misdemeanor but still comes with significant enough penalties to warrant seeking the services of an experienced lawyer. If you plead to or are convicted of failure to control a motor vehicle, you’ll be looking at a fifth-degree misdemeanor on your record and will likely be forced to pay fines and court costs.

What Actions Constitute Failure to Control in Ohio?

• Driving Too Fast for Conditions
• Poor or Inadequate Braking or Stopping
• Overcorrection or Swerving in and Out of Lanes
• Ignoring Vehicular Traffic Signals or Signs
• Driving While Distracted
• Driving While in a State of Impairment
• Driving While Fatigued or Drowsy
• Neglecting Vehicle Maintenance
• Navigating Curves or Turns Too Quickly or Without Proper Visibility
• Driving a Motor Vehicle Without the Requisite Skill or Experience
• Driving Aggressively or Engaging in Road Rage

These actions are all in some way negligent, and some may even be reckless. In other words, failure to maintain control typically arises out of negligence or reckless actions.

Common Situations Where Failure to Control Claims Arise

Various forces can lead to situations that result in a charge of failure to control Ohio. Take a look at some of the most common of them.

Adverse Weather: Adverse weather conditions often lead to a lack of vehicle control.

Sudden Stops or Traffic Jams: Failure to control can arise from sudden stops and stop-and-go traffic.

Distracted Driving: Distracted driving easily leads to failure to control.

Driving While Impaired or Intoxicated: Driving while under the influence of alcohol, drugs, or other intoxicating substances impairs a driver’s ability to control their vehicle.

Mechanical Issues: Car trouble can lead to little to no control over the vehicle by the driver.

Navigating Turns and Curves: Approaching curves and turns too fast or without enough visibility can cause control to be wrested from the driver.

Unforeseen Obstacles: Flying objects or objects left in the road can pop up unexpectedly and cause a driver to lose control.

Inexperience or Negligence: Both inexperience and negligence involve drivers who are incapable of maintaining a standard of safety when driving under certain circumstances.

Construction Zones: Construction zones alter the speed limit and other factors that affect driving.

Parking Lot Incidents: Accidents in parking lots are often attributable to a drop in awareness and attentiveness that occurs once drivers leave the road.

A cursory understanding of some of the common causes of failure to control charges can help you avoid legal problems as well as dangerous accidents.

Ohio Regulation and Penalties for Failure to Control

Ohio regulates the charge of failure to control through the Ohio Revised Code statute 4511.202. The statute provides that a person who is guilty of the charge found in the statute is also guilty of a misdemeanor in the fifth degree, which is considered to be a minor misdemeanor.

Failure to control can be punished by a fine of up to $150 and up to 30 hours of community service. The Ohio Supreme Court also regulates the charge by interpreting the statute in light of controversial cases.

Repeat traffic offenders in Ohio face more serious consequences than one-time offenders. If you’ve been convicted of a predicate motor vehicle offense within one year of your failure to control charge, you could be charged with a fourth-degree misdemeanor.

A fourth-degree misdemeanor imparts fines of up to $250 and up to 30 days in jail. It also provides for community service sanctions.

ChargePenaltiesFailure to control– Misdemeanor in the fifth degree (considered a minor misdemeanor)
– Fine up to $150
– Up to 30 hours of community serviceRepeat traffic offenders within one year of failure to control charge– Fourth-degree misdemeanor
– Fine up to $250
– Up to 30 days in jail
– Community service sanctions

Potential Consequences of a Failure to Control Violation

Failure to control is not the most dangerous traffic violation in Ohio. However, it is taken quite seriously. A conviction or guilty plea to failure to control charges can bring serious penalties with it, especially for those with violations already on their records. Some of the potential consequences include:

• Points on Your License: Failure to control is a moving violation that adds two points to your driving record. Twelve points or more on your license typically means a six-month license suspension
• Background Check Issues: If you are convicted or plead guilty to failure to control, your record will reflect as much. Unfortunately, employers and other organizations do background checks. A failure to control charge can reflect negatively on a person, especially if other charges are present on the record
• Higher Insurance Premiums: Insurance companies carefully scrutinize a policyholder’s record, before and during the time they cover them. When traffic charges find their way onto a driver’s record, the result is typically an increase in premiums and may even lead to cancellation for drivers with many violations and charges
• Civil Liability Issues: If you plead guilty to or are convicted of a charge of failure to control, you could also face significant liability through a personal injury lawsuit or claim for compensation. The conviction or guilty plea can be taken as evidence that you are indeed civilly responsible for any losses that occurred in the crash

To protect yourself from such results, seek the services of a Dayton traffic charges lawyer. With a powerful defense, you could be out from under your charges in a reasonable time period and back on the road.

Common Defenses Against Failure to Control Charges

Gounaris Abboud works meticulously to craft effective defenses against failure to control charges. We focus on gathering the right evidence that will bolster our defense of your charges.

External Factors: Presenting evidence that external factors played a role in your failure to control your vehicle, such as weather, emergency circumstances, drivers of other motor vehicles, and faulty vehicle parts, can justify your actions.

Emergency Circumstances: Establishing that an emergency situation led you to a failure to control is a sudden emergency defense and can result in a reduced charge.

Faulty Equipment: By proving that your vehicle was faulty, you could potentially avoid the negative consequences of a charge of failure to control. Common faulty equipment includes tires, brakes, and steering wheels.

Eyewitness Testimonies: Eyewitness testimony can be the exculpatory evidence you need to show that you indeed had a valid reason for being out of control.

Surveillance or Dashcam Footage: Surveillance and dashcam footage can provide the corroboration you need for a strong defense against a failure to control charge.

Police Procedures and Observations: Police procedures and their reports are often rich sources of legal defenses that can save a client from jail time.

Lack of Evidence: The prosecution must prove the charges beyond a reasonable doubt. We attack every line of its case to identify its weaknesses, which often stem from a lack of evidence.

Negotiation and Plea Bargaining: Negotiations and plea bargaining are a good way to get your charges reduced or modified.

Demonstrating Due Care: If your attorney can show that you exercised reasonable care under the circumstances, it may serve as a powerful defense to your charge.

Expert Witness Testimony: We tap into the knowledge of accident-reconstruction and traffic experts to get to the bottom of your case and build you a strong defense.

How Can Our Traffic Lawyers Help You?

Have you been charged with failure to control? We can help you fight the charge. Don’t hesitate to call for help. The sooner we get started, the better we can serve you.

Legal Advice

We will provide you with key legal advice to keep you safe and informed while we defend you.

Formidable Defense

Criminal charges do not equate to convictions. Strong defenses can dismantle a charge quite quickly. Our team will scrutinize the prosecution’s case and the facts and craft appropriate, effective defense strategies for your case.

Safeguarding Your Rights

The criminal justice system in Ohio and other states will deprive you of your rights quickly if you don’t have seasoned representation protecting you. We make sure that your rights are protected at every stage of your case and take action when they are in danger.

Negotiating

Much of criminal law and prosecutions deal with negotiations to avoid long, drawn-out trials. Our traffic lawyers in Dayton are fierce negotiators and don’t back down until they get the most favorable results available under the circumstances.

Representation in Court

Most cases don’t go to court. Instead, they are handled through plea negotiations long before a trial is even necessary. But some of these cases do see the inside of a courtroom. If yours does, you can rely on us to diligently defend you before the judge and jury.

Alternative Punishments

The state allows the prosecution and judges some leeway when it comes to alternative sentencing. We will work hard to convince your prosecutor that your case should receive alternative sentencing.

Guidance and Support

Facing traffic charges is a trying time for many. With their motor vehicle privileges in jeopardy for failing to exercise reasonable control, our clients can rely on us for legal support throughout the lifetime of their case.

Why Choose Gounaris Abboud for Your Defense?

At Gounaris Abboud, we have successfully defended thousands against traffic tickets and can potentially defend you, too. We have:

Over five decades of combined legal experience

Constant availability for client concerns and emergencies

Tailored services

Recognition from legal organizations like Super Lawyers and Avvo

Fierce advocacy

FAQs About Ohio
Failure to Control Tickets

Can I contest a failure to control ticket in Ohio?+

Yes. You can contest a failure to drive charge and any other traffic violation charge against you. But you should do so with the aid of an experienced traffic charges defense attorney. A skilled lawyer will know which avenues to take to strengthen your defense and will almost immediately understand how to proceed once they take your case.

Do I need an attorney for a failure to control ticket?+

Yes, if you want the greatest odds of getting the most optimal outcome, you will need the services of an experienced Dayton traffic lawyer. Without one, it will be you against the state. With an attorney, you will have a guide and an advocate who can get your charges reduced, dropped, or dismissed.

What should I do if I believe the ticket was unjustly issued?+

If you believe that the police officer who wrote you a failure to control ticket was in error, you must have evidence that supports your assertion. Evidence that could help includes witness testimony, traffic footage, and photos. Additionally, you will need to consult an experienced traffic charge lawyer as soon as possible to get started on your defense.

How Long does a failure to control a ticket stay on my driving record in Ohio?+

If you are convicted of failure to control, the charge will stay on your driving record for two years. However, you may still have negative impacts on your life and livelihood long after two years have gone by. A lawyer can guide you on what to expect.