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

A Whitehall police officer was on patrol when he spotted a vehicle pulling into the street without its headlights on and initiated a traffic stop. The officer noted a smell of an alcoholic beverage coming from the vehicle. When asked the driver where she was going, the driver indicated she was dropping off a friend and headed home. While speaking with her, the officer noted slurred speed and bloodshot, watery eyes. When asked if she had been drinking, the driver admitted to having a couple of drinks. She was then asked to step outside of her vehicle and perform the roadside field sobriety tests. She complied. The officer noted the driver was not able to satisfactorily complete the tests. She was then arrested and charged with a first offense OVI / DUI.

The driver was then transported to the Whitehall Police Department. She was asked to submit to an OVI / DUI breath test. She complied. The .187 result was above the .170 high test Ohio Legal Limit. She was then given an additional OVI / DUI High Concentration charge. Her license was taken and she was placed under a 90 day administrative license suspension. Her case was then scheduled for arraignment in Franklin County Municipal Court.

The young lady was terrified. Having never been charged with more than a speeding ticket, she was now facing a license suspension with mandatory yellow plates and mandatory jail time because of her OVI / DUI breath test result — two things she desperately wanted to avoid. After researching hiring an OVI / DUI attorney and speaking to numerous local attorneys, she spoke with attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to fight the OVI / DUI breath test case and keep the young lady out of jail.

Attorney Luftman and attorney Dan Sabol represented our client on the case. After reviewing all of the evidence and representing our client at 4 court dates, we negotiated a resolution of the case where the prosecutor agreed to dismiss the OVI / DUI breath test charge and amend the remaining OVI / DUI impaired charge to a lesser Physical Control violation. The Physical Control violation is a 0 point, non-moving violation. It does not require any mandatory jail time or yellow plates.

Our client was beyond happy to resolve her case with the jail and plates and avoid any OVI / DUI conviction on her record as well. She pled guilty to the reduced charge and moved on from an incredibly difficult experience.

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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