Fifth District upholds first time OVI sentence of 120 days in jail, with sixty (60) days suspended, a $475.00 fine, and three year license suspension.

State v. Rasfeld, 2016 Ohio 2996 (5th Dist.).

http://www.supremecourt.ohio.gov/rod/docs/pdf/5/2016/2016-Ohio-2996.pdf

May 13, 2016

Rosefeld was cited for a first time OVI, with the officer alleging that he was driving 92 miles an hour in a 70 mile per hour zone with a blood alcohol content of 0.217. Rosefeld represented himself and was sentenced to 120 days in jail, with sixty (60) days suspended, a $475.00 fine, and three year license suspension. He appealed his sentence. The Fifth District observed the following reasoning from the Trial Court and upheld the sentence:

THE COURT: Well I'll just tell you what concerns me about this, Mr. Rasfeld. And I'll give you a chance to respond if you want before I decide what I'm going to do about it. But in my mind this a very bad OMVI for a lot of reasons. I mean it's a first offense, you don't have a bad record. You're accepting responsibility. That's — I'll credit you for that. But the bad part of this, you're going 92 miles an hour on a public highway, you run some citizen off the road where someone could have very easily died. You're not just a guy over the legal limit. I mean at .217, I'm surprised you could stand. At that point you are extremely intoxicated and a real danger to other people on the highway and a real danger to yourself. So — and then, to top that off, you're going 92 miles per hour and following too closely? I mean it's just the grace of God that you didn't kill somebody. So in my mind this a very, very bad DUI.