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OVI / DUI Checkpoint Charge Reduced to Reckless Operation

Posted On: October 3rd, 2014

A gentleman in his late 30s was approaching an OVI / DUI checkpoint that was set up recently near Gahanna. He was stopped at the checkpoint and the sheriff deputy noted that one of his car headlights was out. He was asked to step out of his vehicle and submit to the roadside field sobriety tests. The driver agreed.

After completing the tests at the OVI / DUI checkpoint, the driver was arrested. He was charged with a first offense OVI / DUI. He was taken back to the police station and asked to submit to a breath test. He refused. He was placed under a one year administrative license suspension and his plastic license was taken from him. His case was then scheduled for arraignment in Franklin County Municipal Court.

Originally, the gentleman felt he could handle the OVI / DUI checkpoint case on his own. After attending a couple court dates, he thought better and decided he wanted to hire an attorney to help him. Having been represented by the Columbus Criminal Defense team on a previous traffic matter, he picked up the phone and spoke to attorney Ben Luftman about his charges and options. The Columbus Criminal Defense team was then hired to again represent him.

Initially, we were able to obtain a stay of the gentleman’s license suspension. The stay enabled him to regain his full license while his case was pending. This was crucial to his remaining employed. After reviewing all of the reports, the case was set for a jury trial while we continued to negotiate on his behalf.

Before a jury trial was to begin, the prosecutor agreed to reduce the OVI / DUI checkpoint charge to a lesser reckless operation. The reckless operation charge is a non-alcohol related traffic offense. Additionally, the one year license suspension was reduced to a six month suspension and our client was given driving privileges immediately. Our client was extremely pleased with the resolution and agreed to resolve his case and move on with his life.

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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