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.149 OVI / DUI Breath Test Charge Reduced

A gentleman in his mid-20s was pulled over by a Columbus Police Department officer after completing a wide left turn, nearly striking the curb on a street in downtown Columbus. The officer then further observed the car to be following another vehicle too closely, within five feet and weaving within his lane of travel. After observing the driver nearly strike the other vehicle, the Columbus Police Department officer initiated a traffic stop.

The officer noted that the driver was slouched in his seat, had a surprised look about him and a strong odor of an alcoholic beverage was coming from the vehicle. The driver stated that the other car had nearly cut him off in slurred speech. The officer then asked the driver to perform the roadside field sobriety tests. The driver complied.

After completing the roadside field sobriety tests, the driver was arrested and charged with a first offense OVI / DUI. He was then taken back to the Columbus Police Department headquarters and asked to submit to an OVI /DUI breath test. He complied. The result of the test was .149, well above the Ohio legal limit. His license was then taken and he was placed under a 90 day administrative license suspension. His case was scheduled for arraignment in Franklin County Municipal Court.

After speaking with attorney Ben Luftman about his options to fight the case, the Columbus Criminal Defense team was hired to represent him on the case. Attorney Luftman and attorney Dan Sabol represented the young man on his case. Initially, attorney Sabol was able to secure a stay of the administrative license suspension and that meant the young man was able to get his full license returned while we were fighting his case.

Attorney Sabol represented the young man at the next three court dates and discussed what the evidentiary issues were with the prosecutor. Ultimately, the prosecutor agreed to dismiss the OVI / DUI breath test charge and reduce the remaining OVI / DUI impaired charge to a lesser Physical Control violation. The Physical Control charge is a 0 point, non–moving violation. Additionally, the 6 month license suspension was imposed at the last court date and our client was able to transition from having a stay to driving privileges and was never without the ability to drive his car. This was a huge help to him.

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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Luftman, Heck & Associates LLP
580 E Rich St Fl 2
Columbus, OH 43215-5335


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