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.132 Checkpoint OVI / DUI Breath Test Charge Reduced to Reckless Operation

A young man in his mid-30s was about to be stopped at a Columbus checkpoint. He was observed by a police officer make a right turn into a parking lot to try to avoid the checkpoint, according to the officer’s report. The officer then approached the car and asked the driver why he was trying to avoid the checkpoint. While speaking to the driver, the officer noted a moderate smell of an alcoholic beverage coming from his mouth as he spoke and that he had bloodshot eyes. The officer then asked the driver how much he had to drink and he admitted to having a few.

The officer then asked the driver to step out of his vehicle and perform the roadside field sobriety tests. The driver agreed to take the tests. After performing the tests, he was arrested and charged with first offense OVI / DUI. He was then taken into the OVI / DUI truck the Columbus Police Department had on site and asked to take the OVI / DUI breath test. He agreed to take the test. The .132 result was above the .08  Ohio legal limit. The young man was then charged with an additional OVI / DUI per se violation. His license was taken and he was placed under a 90 day administrative license suspension. His case was then scheduled for arraignment in Franklin County Municipal Court.

The young man was referred to attorney Ben Luftman and after speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent him on the case and to try and help him avoid an OVI / DUI breath test conviction on his record.

Attorney Luftman and attorney Dan Sabol represented our client on his case. Initially, we appeared at our client’s arraignment and was able to obtain him limited driving privileges. The limited driving privileges allowed him to maintain his job. Thereafter, attorney Sabol reviewed all of the discovery and DVD and went to court on our client’s behalf 5 times.

Ultimately, attorney Sabol was able to negotiate to the dismissal of the OVI / DUI breath test charge and reduction of the remaining OVI / DUI impaired charge to a reckless operation. The reckless operation charge is a non-alcohol related traffic offense. Exactly the resolution our client was seeking. He happily resolved his case to the lesser charge and moved 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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