43
Man pleads, sentenced for eighth OVI
By Joe Gorman
YOUNGSTOWN
Despite having seven previous charges of driving under the influence and pleading no contest to an eighth Monday in municipal court, Daniel Ohle, 51, has never served time in jail.
Judge Elizabeth Kobly told him that is about to change. She said she only regretted she could not give him more time than he is eligible for.
Ohle, who has DUI convictions dating back to 1985, was sentenced to four months in the Mahoning County jail after being found guilty by the judge. He was eligible to receive a six-month sentence, the maximum for a first-degree misdemeanor.
Ohle, of South Schenley Avenue, Youngstown, also was placed on five years’ probation, and the judge said it would be her “pleasure” to have Ohle serve the remaining two months of his sentence if he violates his probation.
If Ohle had received the maximum sentence, the judge would not have been able to place him on probation and monitor his conduct, she explained.
Judge Kobly said perhaps if Ohle had received jail time for any one of his previous convictions, he may have refrained from drinking and driving.
“Our criminal justice system didn’t work very well,” Judge Kobly said.
Ohle was charged with DUI after police said he hit an SUV while driving the wrong way about 8:30 p.m. Jan. 12 on the Madison Avenue Expressway. Reports said Ohle was traveling south and collided with an SUV that was going north. That vehicle was driven by a woman who had two passengers, children age 5 and 10 months. No one was seriously injured in the woman’s vehicle. Ohle suffered a broken leg and was in the hospital for several days before being arraigned.
The driver of the SUV, a 27-year-old woman, told Judge Kobly she saw headlights coming toward her but could not comprehend what was happening because she was shocked to see them coming the wrong way. The driver said she could not switch lanes to avoid Ohle because there was a car in the other lane. She said she had trouble sleeping for two weeks and still has flashbacks of the accident.
“I still have, like, visions of it happening,” the driver said. “The smell of the air bags.”
The woman said Ohle should never be allowed to drive again.
“He obviously has a problem,” the victim said.
For a charge of operating a vehicle intoxicated to be a felony in Ohio, the defendant must have six OVIs within 20 years or four within a six-year period. Because of the way Ohle’s previous convictions were spread out over the years, he has avoided the time frame to face the charge as a felony, which carries prison time. Because of that, he faced the first-degree misdemeanor charge.
Additionally, the most time he spent incarcerated for any of his charges was after a 2009 conviction in Warren Municipal Court, where he served 10 days in the Warren Alternative Sentencing Program. He did serve a day in jail after he was released from the hospital to the police on his current charge, before posting bond at his arraignment.
Ohle said he had no excuse for his conduct.
“I was totally wrong and not very proud of myself,” Ohle said. “I deserve everything I get.”
Judge Kobly lamented the fact she could not give him a longer sentence, but she said the need to have some way of controlling his behavior while on probation weighed in her decision not to impose the maximum six months. She did allow Ohle to wait until March 4 to report to the jail because he needs treatment for a blood clot related to the injuries he suffered in the crash. As part of his probation, Ohle must attend Alcohol Anonymous meetings five times a week.
Ohle said he made a “mistake,” but Judge Kobly disagreed, saying he was simply repeating behavior he engaged in for years.
“It is repeated,” Judge Kobly said of his behavior. “It is a course of conduct for your entire adult life.”
Ohle also loses his driver’s license for the next three years and, if he gets driving privileges, he must use restrictive license plates and also have a device installed that will keep his vehicle from starting if he is legally drunk.
To be considered legally drunk in Ohio, a person’s blood-alcohol content must be .08. Ohle’s BAC the night of the accident registered at .320 after a blood test, according to court records.