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Nursing Student Involved in Injury Accident Has OVI Reduced

Our client, a young lady pursuing a career in the healthcare field, was referred to us by a prosecutor after she was involved in a serious accident and charged with OVI. She was in the midst of obtaining her nursing degree and realized the impact an OVI could have on her career. She reached out to trusted friends and ultimately was referred by a prosecutor to Columbus OVI attorney Chase Mallory.

After consuming alcohol after work at a bar near Easton, she and several friends got into her car to head to a party. Distracted, she, unfortunately, ran a stop sign and hit another vehicle. The unopened beer in her car exploded from the impact. She was immediately rushed to the hospital via ambulance after the crash. Because of the abundant odor of alcohol, the officer placed her under arrest for OVI. At the hospital, she was in substantial pain and was asked by law enforcement to submit to a chemical test. Because of the extent of her injuries, she had been given morphine. Mr. Mallory took the position that her subsequent refusal to the chemical test was not a result of consciousness of guilt. Mr. Mallory entered a not guilty plea for her and despite there being an injury accident, convinced the judge to issue a “stay” of her license suspension pending the outcome of the case. During the course of the case, which lasted over 4 months, she was able to drive unrestricted.

Mr. Mallory scheduled the case for a suppression hearing. We were able to keep any hospital blood tests from being disclosed to the prosecutor by intentionally not filing a demand for discovery. Consequently, the State had very limited evidence. Because of this, Mr. Mallory negotiated a reduction of the OVI to a Physical Control with a recommended sentence of simply a $250 fine and termination of the previously issued one-year administrative license suspension that had been pending.

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


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