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Judge Dismisses Case During OVI / DUI Trial

At the end of an evening tour, a laborer was dropping off a friend on his way home. He was pulled over for an improper turn violation by an Ohio State Highway Patrol trooper. He was then asked to get out of his vehicle and perform the roadside field sobriety tests. He complied. After completing the field sobriety tests, he was arrested and charged with an OVI / DUI. He was then transported to the local patrol post and asked to submit to a breath test. He declined.

Not knowing where to turn, this young man reached out to the Columbus Criminal Defense team. Attorney Ben Luftman spoke with the young man, who was adamant that he was not too impaired to drive his vehicle. He did not want to plead guilty or have an OVI / DUI conviction on his record.

Attorney Dan Sabol represented the young man on the case. There were multiple court dates and a suppression hearing. Ultimately, the case was set for a jury trial. The prosecutor presented his case, having the trooper testify about the traffic stop and field sobriety tests. However, during the trooper’s testimony, the prosecutor failed to identify the defendant.

Attorney Sabol being alert recognized that the prosecutor had failed to make an identification. After the prosecutor rested his case, attorney Sabol moved for a Rule 29 motion for directed verdict. The judge sustained attorney Sabol’s motion and the grateful laborer’s case was dismissed.

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