Elyria City Councilman Marcus Madison, D-5th Ward, pleaded no contest and was found guilty last month to reduced charges stemming from his May arrest for suspicion of operating a vehicle while intoxicated in Bay Village.
According to the Rocky River Municipal Court docket, Madison pleaded no contest to a lesser charge of physical control while under the influence, a misdemeanor, and speeding. He was found guilty on both charges by Judge Donna Congeni Fitzsimmons.
Madison originally faced a charge of OVI from the incident.
“He was suspected of being an OVI situation,” Madison’s attorney Michael Harvey said. “He did not test that night with Bay Village police, so there was no evidence he was drinking. I think he was at some function and had said he had a drink hours and hours earlier.”
The plea was overlooked in court checks by The Chronicle-Telegram until Tuesday.
Madison was arrested just before 2 a.m. May 5, according to a police report. He was on Lake Road at Kenmore Drive when police stopped him for speeding, and police administered field sobriety tests. Madison did not complete a breath test.
According to court records, Madison was fined $250, was given a year of probation and was given three days of jail time, which his attorney said was converted to three days of counseling in which Madison stayed at a hotel.
Madison did not receive any points for the failure to control charge but did receive 2 points on his license for the speeding violation, according to the court record. The ignition interlock device that had been placed on his car after his arrest was removed. The device required the driver to blow into a mouthpiece on the device before starting the vehicle. The vehicle will not start if alcohol use is detected.
Harvey said he doesn’t understand why the device was installed on Madison’s vehicle in the first place.
“I don’t know why, in this situation where there was no test given, the judge ordered him to have interlock,” Harvey said. “He essentially was penalized without an assessment of guilt.”