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Property Manager’s .142 Third Offense OVI / DUI Charge in Six Years Dismissed

A young lady in her early 30s was pulled over by an Ohio State Highway Patrol trooper for a marked lanes violation. After approaching the vehicle, the trooper immediately noticed the odor of an alcoholic beverage coming from the vehicle. He noted that the driver’s eyes were glassy and bloodshot, that her speech was slowed, and her movements were slowed and lethargic. She admitted to consuming a few alcoholic beverages earlier in the evening. She was then asked to exit her vehicle and perform the standardized field sobriety tests. She complied.

After completing the tests, she was arrested. She was then charged with a third offense OVI / DUI in six years. She was taken back to the state patrol office and asked to submit to a breath test. She complied. The result of her test was .142. Well above the Ohio Legal Limit. She was then charged with an addition OVI / DUI per se violation. Her vehicle was impounded. She was then scheduled for arraignment in Muskingum County Court.

This could not have been a worse situation. She was facing a mandatory minimum 30 days to 1 year in jail and a license suspension of 2-10 years. She managed numerous properties and needed to be able to drive. To say she was scared would be an understatement. Nonetheless, she set about finding an OVI / DUI attorney to try and help her make the best of this very bad situation. After speaking with attorney Ben Luftman, the Columbus Criminal Defense team was hired to represent her on the third offense OVI / DUI and OVI / DUI per se charges.

Attorney Luftman and attorney Dan Sabol represented the young lady. The prosecuting attorney was offering a plea that was going to subject our client to significant jail time. That offer was rejected. Ultimately, attorney Sabol conducted a suppression hearing on her behalf. As a result of the motion hearing, the judge suppressed all of the evidence and the prosecutor had no choice but to dismiss the third offense OVI / DUI and OVI / DUI per se charges and terminate the license suspension. This result meant that our client had nothing on her record, no jail time and was able to regain her full license.

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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