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Evidentiary Issues Provide Favorable OVI / DUI Plea

After a routine traffic stop, our client was arrested for OVI / DUI.  Unfortunately, his criminal background included three prior OVI / DUI convictions and a felony aggravated vehicular assault charge (also alcohol related).

During pretrial negotiations, the government indicated its intention to seek near maximum penalties. Attorney Chase Mallory obtained a copy of the cruiser video and filed a motion to suppress evidence based on a series of Fourth Amendment violations by the law enforcement officer. 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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Luftman, Heck & Associates LLP
580 E Rich St Fl 2
Columbus, OH 43215-5335


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