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OVI / DUI Charge Reduced to Reckless Operation

A restaurant manager in his mid-30s was driving home one recent evening when he was stopped for a marked lanes violation by an Ohio State Highway Patrol trooper. Upon approaching the vehicle the trooper noted an odor of an alcoholic beverage, slow speed and dilated pupils. The driver admitted to drinking three beers and was asked to step out of the vehicle to perform the roadside field sobriety tests. After completing the tests, the driver was arrested and charged with a first offense OVI / DUI. He was then asked if he would submit to a breath or urine test. The gentleman refused. He was then placed under an administrative license suspension by the trooper and his license was taken away. His case was then scheduled for arraignment in Franklin County Municipal Court.

There were a number of problems this young man was now facing. First and foremost, his license was suspended for one year and under a 30-day hard-time suspension. Since he was required to drive between a few restaurants for work, this would potentially cause him to lose his job. He then turned to a friend for an attorney recommendation. This friend happens to be a prosecutor with many years of experience in Franklin County Municipal Court. The prosecutor told his friend to contact attorney Ben Luftman about his OVI / DUI charge. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent the young man on his case.

The first thing attorney Luftman did was to request a stay of our client’s administrative license suspension. The judge granted the stay and the restaurant manager was immediately able to drive without restriction during his case. This was a huge relief and allowed him to keep his job.

Attorney Dan Sabol represented the client thereafter, and at the seventh court date was able to resolve the case by negotiating a plea where the prosecutor agreed to amend the OVI / DUI charge to a lesser reckless operation offense. A reckless operation charge is a non-alcohol related traffic offense. The client happily resolved his OVI / DUI case and moved 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.

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Columbus, OH 43215-5335


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