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A young serviceman was out in Grandview one evening and had entirely too much to drink. While driving home, his vehicle was stopped by an officer for weaving. The officer smelled an odor of alcohol and asked if he had been drinking and the young man answered affirmatively. He asked him to step out of the vehicle and perform the roadside field sobriety tests. The young man complied and performed poorly.

After performing the tests, he was arrested and charged with first offense OVI / DUI. He was then transported to the Grandview Police Department and asked to submit to a breath test. He complied and the result of the test was significantly above the .170 high test legal limit. He was charged with an additional OVI / DUI high concentration offense.

The thought of spending three days in jail was definitely not appealing. However, the thought of pulling up at the base with the mandatory yellow plates was a deal breaker for this young man. He decided he would do anything he could to avoid the plates and after reaching out to the Columbus Criminal Defense team for help.

Attorney Ben Luftman represented our client on his case. Initially, attorney Luftman made sure that this serviceman had limited driving privileges to get back and forth to his base and to weekend drill activities.

Ultimately, there were not many evidentiary issues with the case. However, attorney Luftman pointed out the young man’s otherwise stellar record, background and service and the prosecutor agreed to dismiss the OVI / DUI high concentration charge. This result kept our client from going to jail. More importantly to him, it spared him the embarrassment of having the yellow plates installed on his vehicle.

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Categories: August

Through a series of events, a businessman in his mid-thirties found himself charged in Franklin County Municipal Court with soliciting a prostitute. This gentleman had no prior criminal history and was extremely concerned about having a solicitation conviction on his criminal background. Under these circumstances, he reached out to the Columbus Criminal Defense team to try and save his record.

Attorney Dan Sabol represented our client on his case. His case went through a progression of four court dates. At the last jury trial date, the prosecutor agreed to amend the soliciting charge to a lesser disorderly conduct offense. The disorderly conduct offense accomplished our client’s goal of keeping the soliciting charge of his record and he happily accepted the offer and resolved his case.

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Categories: August

Our client is the adoptive father and caretaker of his two minor children, ages 6 and 8.  His children were taken from him after he was arrested at a car dealership when witnesses called 911 after seeing his children drinking alcoholic beverages. The beverages were in cans marketed in packaging and color schemes to mirror popular energy drinks.  Our client, who does not drink alcohol (knowingly), purchased these beverages at a gas station on the way to the car dealership believing they were energy drinks.  To appease his children while he was at the car dealership he allowed them to drink the “energy drinks.”  After it was pointed out to our client that these beverages contained alcohol and the police were on their way, he took the beverages and poured them in the trash. The police immediately arrested our client and his children were taken from him.

He was then charged with child endangerment and disorderly conduct. His case was scheduled for arraignment in Circleville Municipal Court. His children were his world and he was beside himself at the charges and the potential impact a conviction could have. He reached out to the Columbus Criminal Defense team for assistance on the case. Attorney Chase Mallory represented this client at court.

Attorney Mallory scheduled the case for jury trial after researching the similarities between the marketing of energy drinks and drinks like Mike’s Hard. Several government agencies have published public service announcements in effort to educate the public to carefully read the labels because it is becoming a common mistake. Chase gathered these to use as exhibits during trial, along with a variety of energy drinks and their similarly packaged alcoholic beverages.

Ultimately, the case was dismissed the day of trial.

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Categories: August

A young Ohio State student in her early twenties was pulled over for speeding by a Columbus Police Department officer. The officer approached her vehicle and smelled the odor of an alcoholic beverage. He asked her if she had been drinking and she admitted she had. He then asked her to exit the vehicle to perform the roadside field sobriety tests. She complied and was given three tests (an eye test, a walk and turn test and one leg stand test). After performing the tests, the young lady was arrested and charged with first offense OVI / DUI.

She was then transported to the Columbus Police Department and asked to submit to a breath test. She complied. The result of her test was above the .170 high test legal limit. She was then charged with an additional OVI / DUI high concentration offense. Her case was scheduled for arraignment in Franklin County Municipal Court.

This young student was facing a very serious situation. Is convicted, she was facing mandatory jail time and mandatory yellow plates on her vehicle. Neither of those options sounded remotely appealing. After thoroughly researching her options, the young lady turned to the Columbus Criminal Defense team for representation on the case.

Attorney Dan Sabol represented her on the case and first made sure that she had limited driving privileges so that she could continue driving to school and work. After reviewing all of the evidence, attorney Sabol made an argument that the prosecutor ultimately conceded and offered to dismiss the OVI / DUI high concentration charge. Our client accepted and the resolution allowed her to avoid the mandatory jail time and mandatory restricted plates on her car.

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Categories: August

An 18 year old spent a Saturday evening in the short north. While out, he came into contact with a Columbus Police Department Officer. The result of this interaction left him charged with drug paraphernalia and marijuana possession. His case was then scheduled for arraignment in Franklin County Municipal Court.

These charges were understandably terrifying for this young man. Barely an adult, he was facing charges that if convicted could remain on his criminal record for life, suspend his license for 6 months to 5 years and take away his federal student loans. Under these circumstances, he contacted attorney Ben Luftman to discuss his options. After the discussion, the Columbus Criminal Defense team was hired to represent him on the case.

Attorney Dan Sabol represented the young man at court. After reviewing the facts, attorney Sabol found some potential evidentiary issues. After bringing them to the prosecutor’s attention, attorney Sabol was able to negotiate a dismissal of the case for our client’s payment of court costs and attendance at an underage alcohol and drug program.

The dismissal and subsequent expungement or sealing of the young man’s record will completely remove the charge from his record. His license will not be suspended and he will be able to continue to attend college and pursue his career goals.

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Categories: August

A financial analyst for a local company was out with co-workers one evening and on her way home was involved in a small accident. The responding Blendon Township Officer began questioning her as to whether she had been drinking. He then asked her to perform the roadside field sobriety tests. She refused and was then charged with a second OVI/DUI offense. She was asked if she would submit to a breath test and refused to take it.

Her world was now turned upside down. Her licensed was seized and she was placed under an administrative license suspension. She had no way to get to work. If convicted, she faced mandatory jail time and mandatory yellow plates on her vehicle. She was terrified at the prospect of going to jail and equally terrified if the shame she would feel pulling into her workplace with the yellow plates.

After a great deal of online research, she turned to the Columbus Criminal Defense team to help her make the best of what seemed to be a very bad situation.

Attorney Dan Sabol represented our client on the case. Initially, attorney Sabol was able to request and was granted a stay of her license suspension. The stay allowed her to get regain her full license while her case was pending and was a great relief.

Attorney Sabol then turned his attention to the facts of the case. Reviewing all of the police reports, as well as the alcohol influence report, attorney Sabol was able to argue over multiple court dates that the prosecutor would have a difficult time proving the case if it had to go to trial. Ultimately, the prosecutor agreed and offered to reduce the OVI / DUI charge to a lesser Physical Control offense.

Our client agreed to accept the reduction and resolved her case. The reduced Physical Control charge carried 0 points on her license. She did not have to spend the mandatory time in jail, nor was she required to install the yellow plates on her vehicle. She was extremely grateful for this resolution.

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Categories: August

A young man in his mid-twenties was pulled over by a Columbus Police Department officer for a traffic violation. He was asked if he had been drinking and admitted to having consumed multiple beverages over the course of the evening. He was then asked to step out of his car and perform the roadside field sobriety tests and complied. He did not perform them will and was subsequently arrested and charged with first offense OVI / DUI.

He was taken back to the Columbus Police Department and asked to submit to a breath test. He complied. The result of his test was above the .170 high test legal limit.  He was then charged with an additional OVI / DUI high concentration offense. He was then placed under administrative license suspension and his license was seized. His case was scheduled for arraignment in Franklin County Municipal Court.

If convicted of the OVI / DUI high test charge, this young man faced a mandatory minimum 3 days in jail. He also would be required to have the yellow restricted license plates put on his car. Naturally, neither of these penalties was appealing to him. He reached out to the Columbus Criminal Defense team for help to try and avoid the jail time and plates.

Attorney Dan Sabol represented the young man on his case. He appeared on his behalf on 5 court dates. Attorney Sabol was first able to get the young man limited driving privileges so he could continue to drive. He filed a discovery motion and received all of the police reports and documentation regarding the breath test. He thoroughly reviewed all of the reports and other information and continued to chip away at the prosecutor’s evidence. Ultimately, the prosecutor agreed to dismiss the high test charge.

This resolution accomplished our client’s goals of staying out of jail and keeping the yellow plates off of his vehicle. Additionally, attorney Sabol was able to convince the judge not too put our client on any type of probation.

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Categories: August

Late one evening, while out with his friends eating, a chain of events occurred that led to a gentleman in his late thirties to be charged with disorderly conduct. His case was then scheduled in Grove City Mayor’s Court.

This gentleman did not think he had done anything particularly wrong and definitely wanted to avoid a criminal conviction on his background. He contacted the Columbus Criminal Defense team to fight the charge on his behalf.

Attorney Dan Sabol represented the client on his case. Over multiple court dates attorney Sabol reviewed the evidence and negotiated with the prosecutor. Ultimately, the prosecutor agreed to dismiss the case upon our client’s payment of court costs.

The dismissal and subsequent expungement, or sealing of the record of the offense will permanently remove it from his background and allow him to move on from a very unfortunate evening.

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Categories: August

A gentleman in his forties was out with his friends and was heading home. While driving home, he was pulled over for speeding by a sheriff deputy. While at his car window, discussing the speed, the sheriff deputy smelled an odor of alcohol coming from the vehicle. He then asked the driver if he had been drinking. The driver admitted to drinking earlier in the evening. He then asked the driver to step out of the vehicle and perform the roadside field sobriety tests. Feeling he was not drunk and there was no reason to take the tests, the driver refused to take the roadside field sobriety tests. He was then arrested and charged with first offense OVI / DUI. His case was then scheduled in Washington Court House Municipal Court.

The gentleman did quite a bit of research online and decided to call the Columbus Criminal Defense team to discuss his case. Columbus drunk driving lawyer Ben Luftman spoke with him and after doing so, was hired to represent the commercial driver on his case.

At the pretrial, attorney Luftman was able to review all of the police reports. After reviewing the police reports, he had a lengthy discussion with the prosecutor about the evidentiary issues the prosecutor would have if he decided to litigate the case. The prosecutor agreed and offered to amend the OVI / DUI offense to a lesser charge of Physical Control.

This reduction was particularly appealing to our commercial driver client because it is a non-moving violation and therefore carries 0 points on his license. Additionally, the judge agreed to terminate his license suspension all together and he was not put on probation. This result allowed him to save his job and move on with his life.

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Categories: August

A young man was at his sister’s wedding rehearsal dinner and drank too much. The next thing he knew, he was regaining consciousness while in jail. While putting together the evening after the fact, he learned that he had gone back to his other sister’s apartment and began arguing with her boyfriend. The argument turned into a physical confrontation and the police were called. He was arrested charged with disorderly conduct. His case was then scheduled in Grove City Mayor’s Court.

Outside of this very unfortunate evening, this young man is a full-time student at The Ohio State University; he works to put himself through. He is studying criminology with the hopes of getting into law enforcement as a career. A disorderly conduct charge would significantly hurt his chances of being able to do that.

It was under these circumstances that the Columbus Criminal Defense team was retained to represent him on the case. Attorney Dan Sabol represented the young man at court. Sometimes, there are no evidentiary issues to argue about and this was one of those cases. Instead, attorney Sabol sought to stress all of the other positive things about this young man and how this one evening could significantly impact and alter his future. The prosecutor listened to attorney Sabol’s mitigation and ultimately agreed to dismiss the case for our client’s payment of court costs.

The dismissal and sealing of his record will remove this case entirely from his criminal background. He will be able to apply for law enforcement positions confidently, knowing that this will not stop him from ultimately getting a job in the future.

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Categories: August

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Luftman, Heck & Associates LLP
580 E Rich St Fl 2
Columbus, OH 43215-5335
advice@columbuscriminalattorney.com

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FAX: (614) 413-2886