First Offense OVI / DUI Charge Reduced to Reckless Operation

An Ohio State Highway Patrol Trooper pulled over a young gentleman in his mid-30s for a marked lanes violation. According to the trooper’s report, once he stopped the vehicle, he requested the driver’s license and insurance. The driver was able to provide both. The trooper stated he smelled a strong odor of an alcoholic beverage and the driver’s speech was slurred. The trooper then requested the driver step out of his vehicle to take the roadside field sobriety tests.

The gentleman agreed and exited his vehicle to take the tests. Due to an ankle injury, the young man performed the horizontal gaze nystagmus test, but did not perform the walk and turn or one leg stand test. The trooper felt the young man was too impaired to drive and arrested him and charged him with first offense OVI / DUI. He was asked if he want to take a breath test. He refused. His license was taken and he was then placed under a 1 year administrative license suspension. His case was then scheduled for arraignment in Franklin County Municipal Court.

The young man was very concerned. He had never been charged with more than a speeding ticket and was now facing a first offense OVI / DUI charge and his license was suspended for a year and it would potentially be 30 days before he was even eligible for driving privileges. He researched online to figure out the process of hiring a Columbus OVI / DUI attorney. After speaking with a number of other local attorneys, he spoke with attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent him on the first offense OVI / DUI case.

At his arraignment, attorneys with LHA were able to secure our client a stay of his license suspension. This was critical as it allowed the young man to regain his full license while the case was pending and meant he could begin driving again immediately.

Thereafter, we marched the case through the court process and ultimately set the case for a suppression hearing. Prior to the suppression hearing, the prosecutor offered to dismiss the marked lanes violation and amend the OVI / DUI charge to a reckless operation offense. The reckless operation is a non-alcohol related traffic offense. This meant a first offense OVI / DUI conviction would not be on our client’s background. This was precisely the result our client was hoping for and he agreed to resolve his case with a plea to the lesser offense.

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.