.099 OVI / DUI Breath Test Reduced to Reckless Operation

While driving in Reynoldsburg, a young man was stopped by a Reynoldsburg Police Department officer for speeding. After approaching the vehicle, the officer’s notes indicated the driver’s eyes were bloodshot and sleepy; he spoke slowly and had a moderate odor of an alcoholic beverage. The driver admitted to having a few drinks and felt he was 5 out of 10 on a scale of impairment. The driver was then asked to exit his vehicle and perform the roadside field sobriety tests. After performing the tests, the driver was arrested and charged with first offense OVI / DUI.

The young man was then taken back to the Reynoldsburg Police Department and asked to submit to an OVI / DUI breath test. He complied. The .099 result was above the.08 Ohio legal limit. As a result, the young man was charged with an addition OVI / DUI breath test violation. He was placed under a 90 day administrative license suspension. His case was then scheduled for arraignment in Reynoldsburg Mayor’s Court.

Trying to figure out what his best move was, the young man turned to a friend to point him in the right direction. Per his friend’s recommendation, he then reached out to attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent him on the OVI / DUI breath test case.

Attorney Luftman attended his client’s arraignment and was able to secure a stay of his client’s license suspension. The stay enabled him to regain his full license immediately. In doing so, he was able to maintain his employment.

Thereafter, attorneys with LHA represented our client. After reviewing all of the discovery and negotiating with the prosecutor, the prosecutor agreed to dismiss the OVI / DUI breath test charge and amend the remaining OVI / DUI impaired charge to a lesser reckless operation offense. The reckless operation offense is a non-alcohol related traffic offense. This resolution accomplished our client’s goals and he was happy to resolve the case with the reduction and move on with his life.

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