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A hardworking mechanic was pulled over for a traffic violation. Upon running his license, the police discovered his license was suspended. He also had a previous drug-related conviction. Upon searching the car, the police found marijuana and drug paraphernalia. Our client was then charged with driving under suspension, marijuana possession, and drug paraphernalia. A drug conviction would have brought an automatic suspension of his license and put his job in jeopardy. Attorneys Ben Luftman and Chase Mallory represented the client and were able to negotiate a dismissal of the driving under suspension charge and marijuana possession. The drug paraphernalia charge was amended to a disorderly conduct charge. Our client was able to avoid any drug conviction keep his license and his job.

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Categories: 2013, Case Results, February, January

A young woman, currently working in home health care with aspirations of finishing nursing school and a career in health care was facing an assault charge.  Allegedly, our client attacked another woman who was pregnant.  At the second jury trial date, a plea offer was reached that allowed our client to avoid a conviction of assault; which would have adversely impacted her current employment and future nursing career.  The assault was amended to a 3rd degree misdemeanor criminal mischief and our client avoided jail.

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Categories: 2013, Case Results, January

A  commercial driver was involved in an accident on Interstate 270 while driving his semi with two trailers. He was cited with reckless operation. He had been employed with the same company for 15 years.

If convicted of the reckless operation charge, he faced up to 30 days in jail and a potential license suspension.

Additionally and perhaps most importantly, he would lose his job and career. Attorney Mallory took the case to trial and his client was found not guilty.

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Categories: 2013, Case Results, January

Our client was an out of state truck driver who was charged with an OVI in Franklin County.  He agreed to a test of his urine, which resulted in .202 g/100ml, well above the .11 limit.  Knowing his livelihood was on the line as a CDL driver charged with OVI, Mr. Sabol filed a motion to suppress to contest the validity of the roadside field sobriety tests, urine test, and the arrest itself.  On the date of the motion hearing, Mr. Sabol spoke with both the arresting officers and prosecutor, and was able to secure a plea to a physical control violation with no court or administrative suspension.  Our client agreed to serve 5 days in a community alternative center, was assessed a $375 fine, and was not sentenced to any probation.  Later, the prosecutor revealed to Mr. Sabol that the arresting deputy indicated that he “had been butchered by him [Mr. Sabol] on the stand before, I don’t want to go through that again.”

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Categories: 2013, Case Results, January

A 62 year old gentlemen, was arrested for his 3rd OVI in four years, and the 4th OVI of his life.  If convicted of a 3rd in 6 years, our client would be subjected to serve a minimum 30 days of incarceration, a minimum $850 fine, a minimum 2 year license suspension with restricted plates and an interlock device, and forfeiture of his vehicle to the state.  To make matters worse, our client submitted to a urine test, which resulted in a .192 g/100ml.  Mr. Sabol negotiated with the prosecutor, and eventually reached an agreement to treat the OVI as if it were his first offense.  Instead of the mandatory penalties described above, our client received a one year license suspension with an interlock and immediate driving privileges, a $375 fine, and probation.  Because our client had served 4 days in jail prior to hiring us, Mr. Sabol convinced the prosecutor and the Judge to not impose a driver intervention program as part of the sentence, and our client did not have to serve any additional jail time.

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Categories: 2013, Case Results, January

A 24-year-old straight-A graduate student found himself charged with an OVI after he rear-ended another individual.  After his arrest, our client submitted a sample of his breath which registered a .14 BAC, and he was subsequently charged with an additional OVI “per se” offense.  In addition to filing a motion to suppress the results of the BAC and field sobriety tests, Columbus, Ohio OVI lawyer Dan Sabol made it a point to stress our clients positive attributes and previous successes to the prosecutor.  The threat of litigation combined with our clients mitigating circumstances convinced the prosecutor to amend the OVI to the non-alcohol related offense of reckless operation.  Further, our client was not required to complete a driver intervention program or serve a drivers rights suspension ordered by the court—he was simply given a fine and a period of probation.

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Categories: 2013, Case Results, January

Our client, who had previously convicted of an OVI, was pulled over in Guernsey County due to a registration issue with his car.  After submitting to field sobriety tests, our client was placed under arrest and submitted a urine sample.  Though he had no alcohol in his system, our client tested significantly over the per se limit of marijuana metabolite and was charged with a per se OVI offense as well.  Mr. Sabol filed a motion to suppress, and at the motion hearing, Mr. Sabol’s cross-examination revealed the officer’s inexperience and non-compliance with field sobriety testing protocol.  After the motion hearing, the Magistrate found that the officer lacked probable cause to place our client under arrest, and as a result both OVI charges were unconditionally dismissed by the prosecutor.

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Categories: 2013, Case Results, January

A corrections officer in charge of transporting prisoners had his job and career on the line after being charged with an OVI.  The arresting trooper responded to a 911 call from a concerned motorist. The trooper conducted the roadside field sobriety tests and indicated that client had “failed” all three. Nonetheless, Columbus, Ohio OVI attorney Chase Mallory was able to point out potentially serious evidentiary issues. The case was dismissed by the prosecutor the morning of trial.

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Categories: 2013, Case Results, January

A college educated male was arrested and charged with assaulting two police officers, both fourth-degree felonies. The government insisted on prison time through multiple pretrial negotiations. The morning of trial, the client was offered a dismissal of one felony and a recommendation for probation only. Fortunately, attorney Mallory convinced the judge to accept the recommendation and his client avoided prison for assaulting police officers.

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Categories: 2013, Case Results, January

A 23-year-old student with no record was found by officers in an alley after a night with perhaps too much to drink.  The officer attempted to wake our client, and once he arose, he was in a panicked state and lashed out at the officers with several punches.  During the incident, the officer sustained a slight fracture.  Mr. Sabol—using a combination of mitigation surrounding our client’s impeccable record and bright future, along with an argument that the officers poor handling of the incident could potentially lead to an acquittal at trial—was able to convince the prosecutor to amend the felony assault offense to a misdemeanor assault charge.  The Judge did not impose any period of incarceration or probation, and he will be eligible to apply to have the misdemeanor conviction expunged a year from the conviction date.

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Categories: 2013, Case Results, January

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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