Industrial Employee’s .100 Breath Test OVI / DUI Per Se Reduced to Reckless Operation

A young man in his late 20s was driving through Grove City one evening when after allegedly committing a marked lanes violation, he was stopped by a Grove City Police Department Officer.  When he reached the driver, he asked the young man if he was lost. He indicated he was not. The officer noted a moderate odor of alcohol. The officer then asked how much the young man had to drink and the young man replied three or four. The officer then asked the young man to exit his vehicle and he complied.

After performing the roadside field sobriety tests, the driver was arrested and charged with first offense OVI / DUI. He was taken back to the Grove City Police Department and asked to submit to a breath test. He agreed to take the test. The .100 result was above the Ohio Legal Limit. The driver was then subsequently charged with an OVI / DUI per se violation. He was placed under a 90-day administrative license suspension. His case was scheduled for arraignment in Grove City Mayor’s Court.

The young man turned to his friends in pointing him in the right direction for hiring an attorney to represent him on the case. He was referred to attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent him on the OVI/ DUI per se case.

Initially, attorney Luftman was able to secure a stay of the young man’s license suspension. This gave out client his full license back immediately and allowed him to continue working at the industrial job he desperately wanted to keep.

Thereafter, the team reviewed all of the evidence, including the police reports and DVD and went to negotiate with the prosecutor at the pretrial. The prosecutor agreed with our legal arguments and offered to dismiss the OVI / DUI per se breath test charge and the marked lanes violation and to reduce the remaining OVI / DUI impaired charge to a reckless operation offense. The reckless operation reduction is a non-alcohol related traffic offense. Additionally, the prosecutor agreed to not impose any additional license suspension. Our client was quite happy to resolve his case with the negotiated plea agreement and move on with his life.

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