Government Employee’s .146 OVI / DUI Breath Test Charge Reduced to Reckless Operation

A young government employee found herself in a difficult situation recently. While driving home one evening, she was pulled over for speeding by a Worthington Police Department officer. After approaching the vehicle, the officer detected an odor of an alcoholic beverage and asked the young driver if she had been drinking. She admitted to drinking. He then asked her to step out of her vehicle to perform the roadside field sobriety tests. She agreed. After performing the field sobriety tests, she was arrested and charged with a first offense OVI / DUI.

She was then transported to the Worthington Police Department and asked to take a breath test. She was compliant and took the test. The .146 OVI / DUI breath test result was above the Ohio Legal Limit. The young lady was then charged with an additional OVI / DUI breath test violation. She was also placed under a 90 day administrative license suspension. Finally, her case was scheduled for arraignment in Worthington Mayor’s Court.

The young driver was concerned for many reasons. First, being employed in the government sector, she was fearful this could affect her employment both now and in the future. Second, with her license being suspended, she was not sure how she was even going to get back and forth to work. After researching hiring a hiring an OVI / DUI attorney, she spoke with attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent her on the OVI / DUI breath test case.

Initially, attorney Luftman attended her arraignment and was able to secure her limited driving privileges. The privileges enabled her to maintain her position. After reviewing the discovery and attending her pretrial, it became apparent the prosecutor was not willing to reduce the OVI / DUI charges. The case was then transferred to Franklin County Municipal Court.

Thereafter, attorneys with LHA represented our client. After setting the case for a suppression hearing, the prosecutor agreed to dismiss the OVI / DUI breath test charge and reduce the remaining OVI / DUI impaired charged to a reckless operation. The reckless operation charge is a 2 point non-alcohol related traffic offense. Our client was more than happy to resolve her case to the reduced charge and move on with her life.

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