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Second Lifetime OVI / DUI Reduced to Physical Control

Posted On: April 17th, 2014

While driving home one winter evening, a young lady’s car slid off an icy road and into a ditch. Fortunately, she was not hurt, although her car was banged up. Unfortunately, she did not have her cellphone and had to leave her vehicle to call a tow truck. During that time a deputy sheriff arrived and met up with her at a house down the road.

After discussing the accident, the deputy asked the young lady if she had been drinking. The driver admitted she had a couple drinks much earlier in the evening. The deputy then asked her to perform the standardized field sobriety test. She agreed. After taking the tests, she was arrested and charged with first offense OVI / DUI.

She was then taken back to a police station and asked to take a breath test. She tested a .120 and the result of her test was above the .08 Ohio OVI / DUI legal limit. She was then charged with an additional OVI / DUI Per se violation. The deputy also placed her under an administrative license suspension and seized her license. Her case was then scheduled for arraignment.

This young lady works two jobs and is also a custodial parent. Having a second lifetime OVI / DUI charge, she was extremely frightened about the prospect of going to jail. She began to search online the process of hiring an OVI / DUI attorney. After speaking with attorney Ben Luftman, the Columbus Criminal Defense team was hired to represent her.

At her pre-trial, attorney Luftman reviewed all of the police reports. An issue immediately presented itself to attorney Luftman. After discussing this issue of proof, the prosecutor agreed to reduce the second lifetime OVI / DUI charge to a lesser Physical Control violation. The Physical Control is a 0 point, non-moving violation. Our client received no jail time from the judge. She was not put on probation. She was not given any additional license suspension. She was no doubt extremely relieved and looked forward to putting a very unfortunate evening behind her.

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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