Our client was under a physical control suspension, was pulled over, and was then charged with Driving Under an OVI Suspension. After extensive research, it was discovered this was improper.
The significance of the two different suspensions is the fact that an OVI suspension carries a three day mandatory jail sentence. It was successfully shown that the charge was improper and it was later amended to the proper charge. The client's suspension was run concurrent with his prior suspension and he was saved three days in jail.