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First Offense OVI / DUI Charge Reduced to Physical Control

A gentleman in his mid-30s was stopped for driving at a high rate of speed by an Ohio State Highway Patrol trooper. The driver then entered a White Castle restaurant, striking the curb on his way and just missing the speaker to place an order. The trooper activated his overhead lights and initiated a traffic stop. When approaching the vehicle, the trooper could smell a very strong odor of an alcoholic beverage. He further noted bloodshot glassy eyes and that the driver’s speech was slow and slurred, with his actions being slow and delayed. The driver fumbled around handing the trooper his license. He was asked for his registration and proof of insurance, but could not provide it.

The driver was then asked to step out of his vehicle and did so, but was very unsteady on his feet. The trooper then asked the driver to submit to the roadside field sobriety tests. The gentleman agreed to take the tests. He performed poorly. After completing the tests, the driver was arrested and charged with a first offense OVI / DUI. He was taken back to the Franklin County jail and asked to take a breath test and refused. He was then placed under a one year administrative license suspension. His license was seized. His case was then scheduled for arraignment in Franklin County Municipal Court.

The young man was mortified. He spent the night in jail. Not a place he had ever envisioned himself. His license was suspended for a year and a first offense OVI / DUI conviction could have lifelong implications. He began researching hiring a Columbus OVI / DUI attorney. After speaking with attorney Ben Luftman, the Columbus Criminal Defense team was hired to represent the young man on his case.

Attorney Luftman and attorney Dan Sabol represented our client on his case. The case went through the court process and after eight court dates during which attorney Sabol negotiated with the prosecutor, he finally secured an offer to reduce the first offense OVI / DUI charge to a lesser physical control violation.

The physical control charge is a 0 point non-moving violation. This resolution was exactly what our client was looking for as it enabled him to avoid the first offense OVI / DUI conviction on his record. Additionally, the judge did not place him on any type of probation.

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.

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