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Our client was arrested in Fremont, Ohio for OVI.  Unfortunately, he had 3 prior OVI convictions and a felony aggravated vehicular assault charge which was also alcohol related.

During pretrial negotiations, the government indicated its intention to seek near maximum penalties. OVI attorney Chase Mallory obtained a copy of the cruiser video and filed a motion to suppress evidence obtained after a series of Fourth Amendment violations. At the hearing on the motion, the prosecutor considered the evidentiary problems about to be argued and agreed to treat the OVI as a stipulated second offense. Our client was sentenced to ten days in jail as opposed to the six months originally sought by the government.

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Categories: Case Results, DUI, February, OVI

Our client, a young driver was charged with an OVI / DUI after being pulled over for a registration violation. Columbus DUI attorney Ben Luftman represented him and upon review of the police reports it appeared that he was made to do the roadside field sobriety tests and did relatively well. Attorney Luftman discussed the weaknesses in the state’s case, including the lack of a moving violation and his client’s performance on the field sobriety tests with the prosecutor. The prosecutor ultimately agreed to amend the OVI / DUI charge to a lesser offense of physical control. This was extremely important to our client because he avoided an OVI / DUI conviction which is considered a serious traffic offense, as well as any points on his license.

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Categories: DUI, February, OVI

A middle-aged gentleman with no prior criminal record found himself in a bad situation recently. He was charged with passing bad checks by a local Columbus store. A conviction could have caused him serious problems on his ability to get a new job, which he was searching for at the time. There appeared to be some legitimate legal issues concerning whether the state could find our client guilty of the charge. Attorney Sabol discussed them with the prosecutor and ultimately the prosecutor agreed to dismiss the case upon the fulfillment of a couple conditions. The dismissal and subsequent expungement of the charge will allow our client to move forward confidently in his job search.

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Categories: February

A young student was pulled over for a traffic violation. The officer smelled marijuana and asked to search the vehicle. He found marijuana, a marijuana pipe and a loose pill. The student was charged with marijuana possession, drug paraphernalia and felony drug possession. A conviction for either of the three felony and misdemeanor drug charges would have resulted in our client losing his financial aid, a mandatory 6 month to three-year license suspension and potentially a felony drug conviction on his record. His parents were extremely concerned about their son’s potential legal exposure and contacted the Columbus Criminal Defense team.

Attorney Dan Sabol took the case and through his own investigation and negotiation, coordinated a dismissal of both the misdemeanor marijuana possession and drug paraphernalia charges with the misdemeanor prosecutor and a dismissal of the felony drug possession charge with the felony prosecutor.  With all his charges dismissed, our client had no license suspension, is able to continue his education and his future is still on the right track.

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Categories: February

Sometimes people do things that are simply out of character. In this case, a gentleman, who previously had no criminal record, stole items from Walmart and was caught. He was embarrassed at what he had done and devastated about the potential impact it could have on his life and career in his field of business. He simply had no explanation for what happened. Having represented hundreds of people on theft cases, attorneys Ben Luftman and Dan Sabol understood his situation from the beginning. They went over the game plan on his case and went to work negotiating on his behalf. The theft case was ultimately dismissed and his record will soon be sealed, further distancing him from his onetime mistake.

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Categories: February, Theft & Fraud

A young salesman was pulled over for failing to obey a traffic control device. He was asked to do the field sobriety tests and did not perform particularly well. He was arrested and charged with an OVI / DUI. He was then taken back to the police station and asked to submit to a breath test. He complied and blew above a .150, almost twice the legal limit. His parents were very concerned about the impact an OVI / DUI could have on his career and contacted the Columbus Criminal Defense team. OVI attorney Dan Sabol took the case and after multiple court dates and some strong negotiating, the prosecutor agreed to amend the charge to a lesser physical control offense. Our client walked away without an OVI, without any points on his license and without any license suspension.

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Categories: DUI, February, OVI

A young engineer, with a very promising career ahead of him, was stopped for speeding at 2AM with several friends in his car and multiple open containers.  The trooper asked our client to perform several field sobriety tests and a portable breath test. Based on his performance on the field sobriety tests and portable breath test, our client was arrested for OVI / DUI. He was then asked to and performed a breath test on the Intoxilyzer 8000. The breath test result was .104.  Like many professionals charged with OVI / DUI, the collateral consequence of losing a good paying career as an engineer was a reality if he were convicted. After partnering with an expert witness to discredit the arresting troopers administration of the field sobriety tests,  the government offered a reduction from the OVI / DUI to a lesser charge of physical control.

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Categories: 2013, Case Results, February

A young female business student was pulled over for a marked lanes violation. She was made to take the roadside field sobriety tests. She was then arrested for OVI / DUI. A small amount of marijuana was found on her person and she was also given a marijuana possession citation. Presumably due to the marijuana, the officer requested she take a urine test. She complied. The marijuana urine test was above the legal limit for marijuana and she was charged with an OVI / DUI per se. A conviction on the marijuana possession would have made her ineligible for financial aid. A conviction on the OVI / DUI could have derailed her promising business career before it began.

Attorney Dan Sabol was able to argue the legal issues on her behalf and the prosecutor ultimately dismissed the marijuana possession charge and amended the OVI / DUI urine test charge to a lesser physical control offense. Our client’s ability to attend college and potentially her future was preserved.  She avoided a license suspension as well.

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Categories: DUI, February, OVI

Our client, a housewife and otherwise law abiding citizen was charged with theft from Kohl’s. She was inconsolable about the pending charges and could not have been more remorseful about the situation. She explained that she was just not in her right mind when in the store and even though she had plenty of money to afford the items, chose to try and take them and got caught. The level of embarrassment to her and her family was punishment in and of itself. Her husband contacted the Columbus Criminal Defense team and attorney Dan Sabol was able to articulate her situation and advocate on her behalf. The case was ultimately dismissed upon her complying with a few negotiated conditions and she avoided a theft conviction.

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Categories: February

A salesman in his 20’s was stopped for a traffic violation. During the traffic stop, the trooper discovered marijuana and our client got charged with marijuana possession. His sales job requires him to drive on a daily basis. If he was convicted of the marijuana charge, his license would have been suspended for six months to five years. Driving privileges are optional. Also, a drug conviction on his record could have stopped his opportunity for advancement within his company. For good reason, our client was extremely concerned. Attorney Luftman reviewed the evidence and prior to trial; the prosecutor dismissed the marijuana charge. The client avoided the conviction and license suspension and was greatly relieved.

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Categories: February

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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