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A middle aged woman was initially stopped for speeding by an Ohio State Highway Patrol trooper. Upon detecting an odor of an alcoholic beverage in the vehicle, the trooper asked the driver to step outside of the vehicle and perform the roadside field sobriety tests. She was asked to perform the Horizontal Gaze Nystagmus test, the walk and turn test and the one leg stand test. After performing the tests, she was arrested and charged with an OVI / DUI. She was then transported back to the post and asked to perform a breath test. The trooper marked her down as refusing the test.
The accused was adamant about two things. First, she was not driving drunk. Second, she did not refuse to take the breath test. Wanting to fight the charges, she turned to the Columbus Criminal Defense Team for help.
OVI / DUI attorneys Ben Luftman and Dan Sabol represented her on the case. First, attorney Luftman conducted an ALS hearing where he argued that she did not refuse to take the breath test. Next, attorney Sabol conducted a suppression hearing where he argued that there was not a reasonable suspicion to pull our client over, probable cause to arrest her and that the standardized field sobriety tests were not performed properly. Last, attorney Sabol conducted an all-day jury trial on our client’s behalf. The jury returned a not guilty verdict after deliberating for 15 minutes.