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OVI/DUI Reduced to Physical Control

A young man in his early 30s ended up facing an OVI/DUI charge after being pulled over for a marked lanes violation by a Dublin Police Department officer. This young man had never been charged with more than a speeding ticket and did not feel he was too impaired to drive home on this particular evening. The officer smelled alcohol on his breath and asked if he had been drinking. The young man said he had. He then answered all of the officer’s questions politely and consistently. He was asked to step out of the vehicle and perform the roadside field sobriety tests. Always taught to comply with a police officer’s orders, the young man did as he was told.

After completing the tests, he was arrested and charged with a first offense OVI/DUI. He was then transported back to the Dublin Police Department and asked to take a breath test. He complied and the result was over the Ohio legal limit. He was charged with an additional OVI/DUI Per se offense. His license was taken by the officer and he was placed under an administrative license suspension. His case was then scheduled for arraignment in Dublin Mayor’s Court.

This young man was faced with a couple of problems. First, part of his job as a car dealer required him to drive. Without his license, he would lose his job. Second, an OVI/DUI conviction on his record would make him unemployable in the car dealership business. He was extremely concerned.

After furiously researching the process to hire an OVI/DUI attorney, he spoke with attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to try to get this young man out of a serious jam.

At his arraignment, attorney Luftman was able to secure a stay of his administrative license suspension. This gave him his full license back immediately and effectively allowed him to keep his job. Thereafter, over six months and multiple court dates, attorneys Luftman and Dan Sabol went to court on our client’s behalf. Reviewing all of the discovery and DVD, attorneys Luftman and Sabol made multiple evidentiary arguments to the prosecutor.

Ultimately, the prosecutor agreed to reduce our client’s charge to a lesser Physical Control violation. The Physical Control violation is a non-moving violation that carries 0 points on your license, rather than the 6-point penalty for an OVI/DUI conviction. This happened to be perfect for an individual who is required to drive as part of his job. Our client was greatly pleased with the outcome as it allowed him to keep a job he was very passionate about.

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.

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Luftman, Heck & Associates LLP
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Columbus, OH 43215-5335


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