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Doctor’s Avoids .168 Breath Test OVI / DUI Conviction

Posted On: September 26th, 2013

A research physician at a local Columbus lab was out having dinner with some co-workers. Given that it was a social dinner, she drank a few glasses of wine. While exiting the parking lot, she forgot to turn on her headlights. She was then promptly pulled over by an Ohio State Patrol trooper. She was first informed that she had failed to turn on her headlights. She was then asked if she had anything to drink. She said she had. She was asked to step out of the car and perform the roadside field sobriety tests. She complied. After completing the roadside tests, she was arrested and charged with first offense OVI / DUI. She was then transported to a local police station and asked to submit to a breath test. She complied and the result was over the .08 legal limit. She was then charged with a breath test OVI / DUI. Her case was scheduled for arraignment in Franklin County Municipal Court.

Being a research physician, an OVI / DUI conviction was something she really wanted to avoid. She researched diligently online about the legal issues and local attorneys. She contacted attorney Ben Luftman and spoke with him at length about her options. Ultimately, she decided the Columbus Criminal Defense team was her best option.

Drunk driving attorneys with LHA represented the client and after 7 court dates and multiple hearings and settlement negotiations were able to convince the prosecutor that there were legitimate evidentiary issues with the breath test. The prosecutor offered to amend the OVI / DUI charge to a lesser offense of Reckless Operation. The reckless operation reduction is a non-alcohol related traffic offense. This resolution significantly eased our client’s concerns about the impact an OVI / DUI conviction would have on her record.

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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