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.089 OVI / DUI Breath Test Reduced to Reckless Operation

A young man in his early 20s was stopped by an Ohio State Highway Patrol trooper for committing a marked lanes violation and having a tail light that was out. After approaching the vehicle, the trooper asked for the young man’s driver’s license, registration and proof of insurance. The driver was able to provide the requested documents. While speaking with the driver, the trooper noted a strong odor of an alcoholic beverage coming from the vehicle. According to the trooper’s report, he also observed that the young man had bloodshot glassy eyes and a flushed nose and cheeks. He asked the young man if he had been drinking. The young man admitted to drinking.

The trooper then asked the young man to exit his vehicle to perform the roadside field sobriety tests. The trooper noted that upon exiting the vehicle, the young man was unsteady on his feet. After completing the roadside tests, the driver was arrested and charged with first offense OVI / DUI. He was then taken back to the Ohio State Police Department and asked to submit to an OVI / DUI breath test. He complied. The .089 OVI / DUI breath test result was above the .08 Ohio legal limit. The young man was charged with an additional OVI / DUI per se violation. His license was seized and he was placed under a 90 day administrative license suspension. Lastly, his case was scheduled for arraignment in Franklin County Municipal Court.

After his arrest, the young man was trying to figure out what direction to go in. He researched hiring a Columbus OVI / DUI attorney and spoke to a number of local attorneys. After speaking with attorney Ben Luftman, the Columbus Criminal Defense team was hired to represent him on the case and to try and keep the OVI / DUI breath test charge off his record.

Initially, we attended our client’s arraignment and were able to secure a stay of his license suspension. The stay enabled our client to get his full license back while his case was pending and was critical in enabling him to keep his job.

Thereafter, attorney Luftman and attorney Dan Sabol represented our client on his case. We entered a not guilty plea on his behalf and the case went through the OVI / DUI court process. After 4 court dates, the case was scheduled for a suppression hearing. Prior to the suppression hearing, attorney Luftman was able to negotiate the reduction of the OVI / DUI breath test charge to a lesser reckless operation charge and the dismissal of the rest of the charges. The reckless operation charge is a non-alcohol related traffic offense. Our client was more than happy to resolve his case and keep the OVI / DUI off of his record. He entered a plea at that time and was able to move on from a very unfortunate evening.

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.

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