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Businessman’s OVI / DUI Charge Reduced to Reckless Operation

Posted On: March 13th, 2015

While driving home, a businessman in his mid-30s was stopped by a Marble Cliff Police Department Officer for speeding. After stopping the driver, the officer noted a moderate odor of an alcoholic beverage on the driver and that his speech was slurred. He was then asked to exit his vehicle and perform the roadside field sobriety tests. Despite performing adequately on the tests, he was arrested and charged with first offense OVI / DUI. He was then taken back to the Grandview Heights Police Department and asked to take a breath test. He refused. After refusing, his license was taken and he was placed under a one year administrative license suspension. His case was then scheduled for arraignment in Marble Cliff Mayor’s Court.

The young man did not believe he was too impaired to drive. He wanted to fight his case. After researching hiring a Columbus OVI / DUI defense attorney, he began interviewing local attorneys. After speaking with attorney Ben Luftman, the Columbus Criminal Defense team was hired to represent him on the case.

Initially, attorney Luftman appeared at the OVI / DUI arraignment on our client’s behalf. He requested and was granted a stay of the administrative license suspension. The stay enabled our client to regain his full licensure while the case was pending.

Thereafter, our LHA attorneys represented the client. After reviewing the police reports and DVD and forwarding both to our client to review, it became apparent that this would be a good case to take to trial. However, before conducting a jury trial, the Columbus Criminal Defense team will always negotiate with the prosecutor to get a charge reduced and give our client options.

In this case, we were able to negotiate the reduction of the OVI / DUI charge to a lesser reckless operation offense. A reckless operation charge is a traffic charge; it is also a non-alcohol related offense. Additionally, we negotiated the dismissal of any license suspension and no probation. Our client only need pay a small fine and the case was resolved. This result was agreeable to our client and instead of conducting a jury trial, chose to resolve his case with the negotiated plea.

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.



★★★★★
I can FINALLY breathe easy now. I want to thank Mr. Bowen and all the attorneys that helped me with this case.

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