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Jail Time Avoided in Third Offense OVI / DUI Charge

A young man in his mid-20s was pulled over by a Franklin County Deputy Sheriff for speeding. After reaching the driver’s vehicle, the sheriff noted a strong odor of alcohol on his report. He asked the driver if he had been drinking and the driver replied that he had one beer at work. He was then asked to step out of his car and perform the roadside field sobriety tests. The deputy noted that the field sobriety tests were performed poorly. The deputy then asked the young man to take a portable breath test. After refusing the, driver was arrested. When the deputy checked his record, the driver had two prior OVI / DUI convictions in the past 6 years. Due to his priors, he was charged with a third offense OVI / DUI in six years. The deputy asked if the driver would take a urine test and the driver agreed. His case was then scheduled for arraignment in Franklin County Municipal Court.

The young man was in a serious spot. If he were to plead guilty or be convicted of the third offense OVI / DUI, he was looking at a mandatory minimum of 30 days and up to one year in jail. He would also be subject to a 2 to 10 year license suspension. He knew he needed help and began researching hiring a Columbus OVI / DUI attorney. After speaking with a number of attorneys, he contacted attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent the young man and to try and keep him out jail.

Attorney Dan Sabol represented our client thereafter. Attorney Sabol thoroughly reviewed all of the reports and in his opinion, our client did quite well on the roadside field sobriety tests. The case was ultimately set for a suppression hearing. Prior to the suppression hearing, the prosecutor conceded the evidentiary issues attorney Sabol had raised and agreed to reduce the third offense OVI / DUI charge to a stipulated first offense OVI / DUI.

This negotiated plea bargain meant that the young man was no longer facing the 30 mandatory days in jail, or the 2 to 10 year license suspension. The offer was simply too good to pass up and our client resolved the case. He never spent a day in jail and was able to get  limited driving privileges.

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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