Engineer’s Third Lifetime OVI / DUI Charge Reduced to Physical Control

A gentleman was driving late one evening when he was stopped by an Ohio State Highway Patrol trooper for a marked lanes violation. After coming up to the vehicle, the trooper noticed the driver was also not wearing a safety belt. The trooper noticed a strong smell of an alcoholic beverage coming from the driver and that his eyes were glassy. He was asked to step out of the vehicle and perform the roadside field sobriety tests. He complied. In the trooper’s opinion, the gentleman performed poorly on the field sobriety tests and he was arrested for an OVI / DUI. He was then asked to take a breath test and refused. His license was placed under an administrative license suspension and taken away. His case was then scheduled for arraignment.

This gentleman had a number of very important and pressing issues. First, he was an engineer who was required to travel to a job site and be there on the date of his arraignment. His job required him to be able to drive out of state. Second, he had two prior OVI / DUI charges in his life and could likely be facing jail time for a third lifetime offense. He researched the process of hiring an OVI / DUI attorney and found himself speaking with attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent him on the case.

Initially, attorney Luftman was able to waive his client’s appearance at arraignment and plead his case not guilty in his absence. This was a huge relief as the gentleman was able to make arrangements to get to the out of state worksite and keep his job. Attorney Luftman was then able to get the gentleman broad driving privileges that allowed him to drive out of state and covered all of his needs.

Reviewing the reports, attorney Luftman had multiple discussions with the prosecutor. Ultimately, the prosecutor agreed to reduce the OVI / DUI charge to a lesser offense of Physical Control. The physical control charge is a 0 point, non-moving violation. This was helpful in that our client avoided any points on his license. The judge imposed no jail time, only a six-month license suspension, with no yellow plates and a fine, which our client paid promptly. He was extremely grateful for the resolution and able to move on with his life.

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.