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Businessman Avoids Mandatory Jail Time on OVI / DUI Breath Test Case

Posted On: February 3rd, 2015

A businessman in his mid-30s was stopped recently by an Ohio State Highway Patrol trooper for speeding. After approaching the gentleman’s car, the trooper asked for his license, registration and proof of insurance and according to the trooper’s report, he just stared at her. The trooper further noted that his eyes were glossy and had a strong odor of an alcoholic beverage. His movements were slow and he was delayed in answering her questions.

The trooper then put the driver through the roadside field sobriety tests. After performing poorly on the tests, the gentleman was arrested and charged with a first offense OVI / DUI. He was then transported to the Ohio State University Police Department and asked to submit to an OVI / DUI breath test. He complied. The .324 breath test result was well above the .170 Ohio legal limit. He was then charged with an additional OVI / DUI breath test violation. His license was taken away by the trooper as he was placed under a 90-day administrative license suspension. His case was then scheduled for arraignment in Franklin County Municipal Court.

After the evening was over, the gentleman had a lot of thinking to do and was naturally extremely scared. He did not have a license or driving privileges and if convicted he would have to go to jail and have the yellow plates installed on his car for the OVI / DUI breath test charge. He began researching hiring a Columbus OVI / DUI attorney. After speaking with a number of other attorneys, the gentleman contacted attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to try and keep him out of jail and the yellow plates off his vehicle.

The attorneys with LHA represented the businessman on his case. After 7 court dates, we had continuously negotiated on our client’s behalf, convinced the prosecutor to dismiss the OVI / DUI breath test charge, as well as the speed, in exchange for our client’s agreement to plead guilty to the remaining OVI / DUI impaired charge. This result meant that our client would avoid the mandatory jail time and mandatory plates on his car.

That was exactly the resolution our client had been hoping for. He agreed to the plea negotiation, entered a guilty plea to the OVI / DUI impaired charge and looked to move on from a life-changing situation.

Prior results do not guarantee a similar outcome in your case. Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors. The results and client testimonials provided are not necessarily representative of the results obtained by all clients or their satisfaction with the firm’s services.



★★★★★
I can FINALLY breathe easy now. I want to thank Mr. Bowen and all the attorneys that helped me with this case.

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