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CDL Driver with .202 G/100ML Urine Test Avoids OVI Conviction & License Suspension

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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