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Businessman’s Second Lifetime OVI / DUI Charge Reduced to Reckless Operation

A businessman in his later forties was in Columbus for a series of meetings. After the meetings had finished, he went to eat at a local restaurant and had some drinks with dinner. After leaving the restaurant he was stopped by a Dublin Police Department Officer for a marked lanes violation.

Prior to approaching the vehicle, the officer likely ran the gentleman’s license and saw that he had been previously convicted of an OVI / DUI offense over 10 years ago. After approaching the vehicle, the officer smelled alcohol and during the conversation thereafter, the businessman admitted to drinking with dinner. He was then asked to step out of his vehicle to perform the roadside field sobriety tests. He complied. After completing the tests, he was arrested and charged with an OVI / DUI offense.

After being arrested, the gentleman was taken back to the Dublin Police Department and asked to take a breath test. He refused. Given his prior OVI / DUI conviction and refusal, this businessman was additionally charged with Prior OVI / DUI Conviction within 20 years, Refusal. Usually, an OVI / DUI ticket written by a Dublin Police Department Officer would be scheduled in Dublin Mayor’s Court. However, because of the prior OVI / DUI charge, the case was scheduled in Franklin County Municipal Court.

Naturally, this businessman was extremely concerned on a number of levels. First, if convicted of a second DUI, he was facing a mandatory 3 days in jail. Being nearly 50 years old and having never been in jail before, he was terrified. Also, an additional OVI / DUI conviction could have a devastating on his employment.

It was under these circumstances that he contacted the Columbus Criminal Defense team and spoke with attorney Ben Luftman about his circumstances. After a lengthy discussion, this businessman put his faith in attorney Luftman and attorney Dan Sabol to represent him on the case.

Attorneys Luftman and Sabol reviewed all of the police reports, the alcohol influence report that described our client’s roadside field sobriety tests, as well as the DVD of the traffic stop. After reviewing all of the discovery and 7 court dates we attended, arguing about the legal and evidentiary issues, the prosecutor agreed to amend the OVI / DUI charge to a lesser reckless operation offense.

Our client happily agreed to this offer. The reckless operation charge is a non-alcohol related traffic offense. It will help with potential employment issues. Additionally, it carries no mandatory jail time. All of our client’s goals fulfilled, he left his seventh and final court date more than relieved.

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