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Microbiologist’s OVI / DUI High Test Charge Dismissed

A gentleman left work at a local Columbus laboratory with two co-workers one evening and went to a tavern. After spending two hours drinking at the tavern, this gentleman decided to call it an evening and drove home. While pulling into his condo complex, he was stopped by a Columbus Police Department officer. He was told that he had been speeding. He was asked if he had been drinking and answered honestly that he had. He was then put through the roadside field sobriety tests. After completing the tests, he was then charged with first offense OVI / DUI.

This gentleman was then asked to submit to a breath and cooperated. His result was over the .170 high test legal limit. He was charged with an additional OVI / DUI high concentration offense. His license was seized and he was placed under an administrative license suspension. His case was then scheduled for arraignment in Franklin County Municipal Court.

Having never had more than a traffic violation in his life and spending his days in a laboratory, the thought of going to jail for three days was obviously terrifying to this microbiologist. Additionally, the thought of having to pull up to the laboratory with yellow restricted plates on his car was something he desperately wanted to avoid. After extensively researching his options, he called the Columbus Criminal Defense team for help.

Attorney Chase Mallory represented our client on his case. Initially, attorney Mallory was able to get his client driving privileges so that he could continue maintaining his gainful employment at the laboratory. He then requested and received all of the police reports and reports concerning the breath test. As is done in every single case the Columbus Criminal Defense team is on, all of the reports were then forwarded to his client to review.

After reviewing the reports, attorney Mallory began crafting his legal argument. Over multiple court dates, attorney Mallory went to court and argued the evidentiary issues with the prosecutor’s case. On the fifth court date, the prosecutor agreed and offered to dismiss the OVI / DUI high test charge. This result meant attorney Mallory’s client would not go to jail and would not have the yellow plates on his vehicle. As you can imagine, this result achieved our client’s goals and he was both extremely relieved and pleased with the outcome.

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Columbus, OH 43215-5335


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