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Nurse’s First Offense OVI / DUI Charge Reduced

A Westerville Police officer noticed a car passing with a flat tire and initiated a traffic stop. After speaking with the driver, the officer noted an odor of alcohol and asked the young man if he had been drinking. He admitted he had and that he was too drunk to drive. The officer then asked the young man to step out of his car and perform the roadside field sobriety tests. The young man agreed to take the tests. After completing the tests, the young nurse was arrested and charged with first offense OVI / DUI.

After his arrest, the driver was transported back to the Westerville Police Department and asked to take a breath test. He refused. After refusing, the officer confiscated his license and placed him under a one year administrative license suspension.  His case was then scheduled for arraignment in Westerville Mayor’s Court.

The young man now found himself in quite a predicament. He was unable to drive his vehicle for at least thirty days and could lose his job if convicted of the first offense OVI / DUI. He spoke with a number of attorneys and after speaking with attorney Ben Luftman, he decided to place his future in the hands of the Columbus Criminal Defense team. Attorney Luftman and attorney Dan Sabol represented the young nurse on his case.

At the first court date, attorney Luftman was able to secure our client a stay of his administrative license suspension. This meant that the young man was able to go directly to the BMV and get his full license back immediately. This went a long way in helping him keep his job at a local hospital.

After reviewing all of the police reports and DVD, attorney Luftman went to multiple court dates on our client’s behalf. Ultimately, the prosecutor agreed to amend the first offense OVI/ DUI charge to a lesser reckless operation offense. The reckless operation offense is a non-alcohol related traffic offense. Additionally, the prosecutor agreed to a 6 month license suspension and our client was able to get driving privileges immediately; he did not have to wait 30 days as is usually required.

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.

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Luftman, Heck & Associates LLP
580 E Rich St Fl 2
Columbus, OH 43215-5335


FAX: (614) 413-2886