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A businessman in his forties was on his way home when he was pulled over for speeding by a Westerville Police Department officer. He was then asked if had been drinking. He admitted to drinking and was then asked to step out of his vehicle to perform the roadside field sobriety test. He complied and after completing the tests, he was charged with first offense OVI / DUI. He was then taken back to the Westerville Police Department and asked to submit to a breath test. The result was a .169. He was additionally charged with being over the Ohio legal limit. His case was then scheduled for arraignment in Westerville Mayor’s Court.
This businessman was terrified. An OVI / DUI conviction could have a serious impact on his career. The fact that his license was suspended was also a great concern as he had extremely pressing childcare driving needs.
This gentleman was referred to the Columbus Criminal defense team and specifically attorney Ben Luftman by a previous OVI / DUI client.
Attorney Luftman showed up at the arraignment and was able to get his client a stay of his administrative license suspension. The stay allowed the businessman to regain his full license and driving privileges while his case pending. This allowed him to continue driving his child and accomplished a very critical immediate goal.
After thoroughly reviewing all of the police reports and going over all of the evidence, attorney Luftman, through 6 court dates was able to ultimately negotiate with the prosecutor to amend the OVI / DUI charge to a lesser reckless operation offense. Reckless operation is a non-alcohol related traffic offense. As part of the negotiated plea, a six-month license suspension was imposed. However, due to the lesser reckless operation charge, our client was able to get driving privileges immediately. He did not have to wait any period of time.
The resolution kept an OVI / DUI off of this very appreciative businessman’s record and his ability to drive for his job and perhaps more importantly for his child was never interrupted.