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3rd OVI / DUI Reduced to Physical Control

A deputy sheriff had been called on a report that a car was stuck in a ditch. Upon arriving, they found a gentleman outside the car trying desperately to figure out how to get the car out. Upon speaking with him, an odor of alcohol was noticed by the deputy. He was asked if he had been drinking. He admitted. He was asked to submit to field sobriety test. He complied. He was then arrested for a 3rd OVI / DUI. The gentleman then refused to take the breath test.

Needing help with the case, this gentleman reached out the Columbus Criminal defense team. Attorney Ben Luftman reviewed the client’s Ohio Bureau of Motor Vehicles (BMV) Form 2261. This form was given to the client by the Deputy when his license was taken away for refusing to take the breath test. Finding errors with the form, attorney Luftman was able to successfully appeal the administrative license suspension (ALS) and get the client’s full license back while his case was pending.

Because of the circumstances and our client’s prior record, initially, the prosecutor offered a plea to the OVI / DUI charge with a recommendation that he serve 30 days in jail. Attorney Dan Sabol worked on the case reviewed all of the paperwork and negotiated fiercely on our client’s behalf.

Ultimately, the prosecutor offered to amend the OVI / DUI to a lesser charge of Physical Control. Physical Control is a 0 point, non-moving violation. If our client completed a 72 hour certified driver intervention program, the prosecutor agreed to recommend no jail time. The client was able to complete the program, did not receive any jail time and was able to move on with his life and work.

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


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