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OVI / DUI Charge Reduced to Physical Control

Posted On: May 1st, 2014

An Ohio State Highway Patrol trooper was on patrol one recent evening when, according to his report, he spotted a marked lanes violation. He then activated his overhead lights to make a traffic stop. After approaching the driver’s window and asking for her license and registration, he smelled an odor of alcohol coming from the vehicle. When speaking with the driver, he noted seeing red, bloodshot, glassy eyes and that her speech was very slurred at various points in the conversation. The trooper proceeded to perform the roadside field sobriety tests. After performing the roadside field sobriety tests, the trooper asked the driver to recite the alphabet. She was unfortunately unable to do that correctly. She was then arrested and charged with first offense OVI / DUI. She was then transported back to the Grandview Heights Police Department and asked to submit to a breath test. She refused. She was then placed under a one year administrative license suspension. Her case was scheduled for arraignment in Franklin County Municipal Court.

After researching attorneys online, she spoke with attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent her on the case. Attorneys with LHA represented her on the case. At her arraignment, we were was able to get a stay of her license suspension. This meant that she had her full license back immediately. Initially, this was a huge relief as she was going to have an extremely difficult time finding a ride to her job daily.

Through the next five court dates, we represented our client and was ultimately able to negotiate with the prosecutor, who agreed to reduce the OVI / DUI charge to a lesser Physical Control charge. The Physical Control charge is a 0 point, non-moving violation. Additionally, we were able to negotiate no license suspension being imposed. Last, the judge did not impose any type of probation on our client. She was extremely pleased with the negotiated plea and resolved her case.

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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