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Military Serviceman Avoids Mandatory Jail Time

Posted On: August 31st, 2013

A young serviceman was out in Grandview one evening and had entirely too much to drink. While driving home, his vehicle was stopped by an officer for weaving. The officer smelled an odor of alcohol and asked if he had been drinking and the young man answered affirmatively. He asked him to step out of the vehicle and perform the roadside field sobriety tests. The young man complied and performed poorly.

After performing the tests, he was arrested and charged with first offense OVI / DUI. He was then transported to the Grandview Police Department and asked to submit to a breath test. He complied and the result of the test was significantly above the .170 high test legal limit. He was charged with an additional OVI / DUI high concentration offense.

The thought of spending three days in jail was definitely not appealing. However, the thought of pulling up at the base with the mandatory yellow plates was a deal breaker for this young man. He decided he would do anything he could to avoid the plates and after reaching out to the Columbus Criminal Defense team for help.

Attorney Ben Luftman represented our client on his case. Initially, attorney Luftman made sure that this serviceman had limited driving privileges to get back and forth to his base and to weekend drill activities.

Ultimately, there were not many evidentiary issues with the case. However, attorney Luftman pointed out the young man’s otherwise stellar record, background and service and the prosecutor agreed to dismiss the OVI / DUI high concentration charge. This result kept our client from going to jail. More importantly to him, it spared him the embarrassment of having the yellow plates installed on his vehicle.

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.



★★★★★
I can FINALLY breathe easy now. I want to thank Mr. Bowen and all the attorneys that helped me with this case.

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