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Man gets six month sentence for OVI
By Joe Gorman
YOUNGSTOWN
A man who pleaded guilty to a charge of operating a vehicle impaired after he rear-ended a Boardman police cruiser in February was sentenced Tuesday in Mahoning County Common Pleas Court to six months in the county jail.
Gregory Fleischer, 57, of Medford Avenue, originally was indicted on felony OVI charges because of previous felony OVI convictions in California.
Because the prior California felony convictions were based on different criteria than those in Ohio for a felony OVI, however, the charge was reduced to a misdemeanor.
In Ohio, someone must have four OVIs within six years or six within 20 years for the charge to be a felony.
The six-month sentence is the maximum for a misdemeanor, and Assistant Prosecutor Kevin Trapp asked for the maximum penalty because of Fleischer’s past convictions. He also had a conviction in Struthers in 2012.
“He’s a habitual drunk driver,” Trapp said. “He still hasn’t gotten the message about drinking and getting behind the wheel.”
Scott Cochran, Fleischer’s attorney, asked for the minimum jail sentence and the chance for Fleischer to be housed somewhere where he could still work and serve his sentence.
Cochran said his client has been receiving treatment since he was arrested and that work is important because it provides structure to help him stay sober.
Cochran also asked that Fleischer be equipped with a bracelet if he received probation that would notify the court if he drinks. That way, he can continue to be productive, but if he breaks the terms of his probation, the court would know, and he could then be jailed.
The day he was arrested, Fleischer was drinking at his house when his wife came home and he went to get something for her to eat, Cochran said. That is when he rear-ended the cruiser. His blood-alcohol content at the time of the accident was 0.22. In Ohio, someone who has a BAC over 0.08 is considered legally drunk.
Fleischer apologized and said the case has made him realize how much he needs help. He said his drinking is even affecting his finances.
“It made me realize I had a bad problem,” Fleischer said. “It couldn’t continue the way it was any longer.”
Judge Christian said what makes Fleischer’s alcohol addiction so dangerous is that unlike someone with a drug addiction, Fleischer compounded the addiction by driving.
“That takes it up a notch,” Judge Christian said.