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Doctor’s OVI / DUI High Test Reduced to Physical Control

Posted On: October 25th, 2013

A young doctor was out one evening and had too much to drink. While driving home, she was pulled over by an Ohio State Highway Patrol trooper for speeding. After approaching her vehicle, the trooper began speaking with her and he asked if she had been drinking. She said she had. He then asked her to step out of her vehicle and perform the roadside field sobriety tests. She complied. After completing the tests, she was arrested and charged with a first offense OVI / DUI. She was then taken back and asked to submit to a breath test. She complied. The result of her breath test was well above the .170 High Test legal limit.

The trooper then placed her under an administrative license suspension and took away her license. Her OVI / DUI case was then scheduled for arraignment in Franklin County Municipal Court. This young doctor was overwhelmed on many different fronts. She needed to get back and forth to the hospital and had no license. If convicted, she was facing mandatory jail time and mandatory yellow plates on her vehicle. This would not go over well at her hospital. She had worked her whole life to be where she was and her poor judgment on one evening could destroy that.

She furiously researched what was important in hiring an OVI / DUI attorney and spoke to a number of local attorneys about her situation. Attorney Ben Luftman was one of those attorneys. After speaking with attorney Luftman, she placed her faith in and hired the Columbus Criminal Defense team to represent her on the case.

Attorneys with LHA represented her throughout the case. Initially,we were able to go to court and get a stay of her license suspension. This meant that she was able to regain her full license immediately so that she could get back and forth to the hospital. Thereafter, we thoroughly reviewed all of the police reports and DVD of the traffic stop looking for evidentiary issues that could be leveraged on our client’s behalf.

Ultimately, after 7 court dates, we negotiated a resolution where the OVI / DUI High Test charge was dismissed. The remaining first offense OVI / DUI charge was amended to a lesser Physical Control charge. Physical Control is a non-moving violation, which carries 0 points on a traffic record. Because the OVI / DUI High Test charge was dismissed, our client did not have any mandatory jail time, nor did she have to put the yellow plates on her vehicle. After resolving the case, she was beyond grateful and said it was the best outcome she could have hoped for.

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.

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.



★★★★★
I can FINALLY breathe easy now. I want to thank Mr. Bowen and all the attorneys that helped me with this case.

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