Mobile Menu

Call today at

Airline Employee’s .140 Breath Test OVI / DUI Charge Reduced to Physical Control

A 40-year-old gentleman was stopped by an Ohio State Highway Patrol trooper for a marked lanes violation. He was asked for his license, registration and proof of insurance and only provided his license. The trooper noted a strong odor of an alcohol beverage and red and glassy eyes. The trooper asked if he had been drinking and the driver admitted that he had three to four beers, and the trooper noted slightly slurred speech. He was then asked to step out of his car and perform the roadside field sobriety tests. The gentleman complied. His performance was characterized by the trooper as poor and he was arrested and charged with a first offense OVI / DUI. He was asked to take a breath test and complied. The .140 result was above the .08 Ohio Legal Limit and the gentleman’s license was taken away and he was placed under an administrative license suspension.

He was in Dublin and had he been arrested by a Dublin Police Officer, his case would have been scheduled in Dublin Mayor’s Court. However, he was arrested by an Ohio State Highway Patrol trooper, so his case was scheduled for arraignment in Franklin County Municipal Court.

This gentleman had been charged with an OVI / DUI offense a few years ago and had used the Columbus Criminal Defense team to represent him on the previous case. The previous case was reduced to a reckless operation and it was because of this reason that the gentleman was not facing significant mandatory jail time. He again turned to the Columbus Criminal Defense team to help minimize the damage as much as possible.

Attorney Dan Sabol represented the client on his case. Initially, attorney Sabol was able to get our client a stay of the administrative license suspension. The stay allowed our client to regain his full license while his case was pending. Given his particular work for the airline, a full license was critical to him being able to keep his job.

Thereafter, attorney Sabol represented our client through nine court dates. After reviewing all of the reports, DVD and breath test information, attorney Sabol was able to find enough evidentiary issues to ultimately convince the prosecutor to offer to amend the OVI / DUI charge to a reduced Physical Control violation. The physical control violation is a 0 point, non-moving violation. The judge would not impose any jail time, or any license suspension. Our client naturally was quite happy to accept the negotiated plea and resolved the case.

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.

Comments are closed.

Get In Touch

Contact Us

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


FAX: (614) 413-2886