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2nd Lifetime OVI / DUI Charged Reduced to Physical Control

A personal trainer was out with some friend at a local Columbus bar. After leaving the bar, he was stopped by an Ohio State Highway Patrol trooper for various moving violations. The trooper likely ran the young man’s traffic record and saw an OVI / DUI conviction ten years prior.

After coming up to the car window, the trooper asked if the trainer had been drinking. He admitted to drinking at the bar. He was asked to step out of the car and perform the roadside field sobriety test. He performed the tests. Despite doing well on the walking and raised leg tests, the young personal trainer was arrested and charged with an OVI / DUI. He was then asked to perform the breath test and refused. He was additionally charged with an OVI / DUI refusal with a prior conviction within 20 years. His case was scheduled for arraignment in Franklin County Municipal Court.

The personal trainer was referred to attorney Ben Luftman by a previous client. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent him on the case. The case was of the utmost importance because if convicted, the young man would be require to spend at least three days in jail, something he desperately wanted to avoid.

After reviewing the police reports and DVD, the young man actually did very well on the roadside field sobriety tests. The results were among a number of legal issues attorney Luftman and attorney Dan Sabol raised to the prosecutors. Ultimately, after 7 court dates, the prosecutor agreed to amend the OVI / DUI charge to a lesser charge of Physical Control. Our client happily accepted the offer and it was not an OVI / DUI conviction, carried 0 points on his license, a lesser license suspension and most importantly, no jail time.

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