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.164 OVI / DUI Breath Test Charge Reduced to Physical Control

The Columbus Criminal Defense Team is frequently called upon to travel outside of the central Ohio area to represent individuals charged with OVI / DUI and criminal offenses.

Our client, a woman who resides out of the central Ohio area, with a spotless driving record was arrested for an OVI / DUI and asked to submit to a breath test by a local police officer. She complied and tested a .164. She was then cited with an additional OVI / DUI per se charge and her license was suspended. She works both a full time and part time job and the license suspension, let alone an OVI / DUI conviction were creating an enormous hardship on her. Being very thorough, she researched attorneys online and spoke with Attorney Ben Luftman. After doing further research, she decided to hire the Columbus Criminal Defense Team to represent her on the case.

Reviewing all of the filed reports, Attorney Dan Sabol came up with a strong legal argument and spoke with the prosecutor. The prosecutor agreed with Attorney Sabol’s argument and agreed to reduce the OVI Per se charge to a lesser Physical Control violation.

The next issue concerned the license suspension. Our client was under a minimum 90 day BMV license suspension for the result of her breath test. The prosecutor was willing to terminate that license suspension. However, according to the prosecutor, the judge generally imposes a six month license suspension, even on a reduced charge. Attorney Ben Luftman was in court on behalf of the client and asked the prosecutor if he could speak with the judge about the license suspension issue.

Attorney Luftman convinced the judge not to impose any license suspension whatsoever. Ultimately, the client left court with a reduced Physical Control charge, her license reinstated, a fine and no probation.

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Luftman, Heck & Associates LLP
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Columbus, OH 43215-5335


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