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Mandatory Jail Time Avoided in OVI / DUI High Test

A young lady in her late twenties was pulled over for a marked lanes violation by a Columbus Police Department officer. After running her license, the officer also determined that she was driving under suspension. While speaking with her about her license status and the marked lanes violation, the officer asked if she had been drinking. She answered “yes.” He then asked her to step out of her car to perform the roadside field sobriety tests. She did. After completing the tests, she was arrested and charged with first offense OVI / DUI. After she was arrested and her vehicle searched, the young lady was also charged with open container.

This young lady was then transported back to the Columbus Police Department and asked to take the breath test. She was polite and complied. The result of her test was well above the .170 High Test legal limit. She was given an additional OVI / DUI High Concentration charge. Her case was then scheduled for arraignment in Franklin County Municipal Court.

She was shaken. Thinking about the penalties that included mandatory jail time and mandatory yellow plates on her vehicle left her having difficulty functioning. This reaction is certainly not uncommon when faced with a situation as serious as hers. Given these circumstances, she turned to the Columbus Criminal Defense team to try and help her stay out of jail and keep the yellow plates off her vehicle.

Attorney Ben Luftman and attorney Dan Sabol represented the client on her case. After reviewing the police reports and negotiating with the prosecutor, an offer was made to resolve the case. The prosecutor agreed to dismiss the OVI / DUI High Test charge and the criminal open container charge in exchange for our client’s agreement to plead guilty to the remaining OVI / DUI impaired charge. This resolution allowed our client to stay out of jail, keep the yellow plates off her vehicle and avoid the criminal conviction as well. She enthusiastically agreed to the resolution as they met all of her goals with the case and was finally able to think about moving on with her life.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

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