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Second Lifetime OVI / DUI .120 Breath Test Reduced

A gentleman in his mid-30s got into a fender bender recently. It was a minor accident. The situation turned much more serious after a Hilliard Police Department officer arrived on the scene. After questioning the driver, the officer asked him to submit to the roadside field sobriety tests. The driver agreed. After completing the tests, the driver was arrested. He had a prior OVI / DUI charge, but it was outside of the six-year look back period, so he was charged with a first offense OVI / DUI.

The driver was then taken back to the Hilliard Police Department and asked to take the breath test. He complied. The result of the breath test was .120. The test result was above the .08 Ohio legal limit. His license was then placed under an administrative license suspension and taken. His case was then scheduled for arraignment in Hilliard Mayor’s Court.

The gentleman was extremely concerned about the situation. He was in an accident. He was charged with a second lifetime OVI / DUI offense. His license was taken. He had no way to get to work. He was unsure of whether he would have to spend time in jail. It was with this on his mind that he reached out to attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent him on the case.

Initially, attorney Luftman, appeared at the gentleman’s arraignment and was able to secure a stay of his license suspension. This meant that our client had his full license back while the case was pending.

It was decided that strategically, the case needed to be transferred to Franklin County Municipal Court.  There, attorney Dan Sabol continued to represent our client. Ultimately, attorney Sabol was able to negotiate the dismissal of the OVI / DUI per se and traffic charge. The remaining OVI / DUI charge was reduced to a lesser physical control violation. The physical control violation is a 0 point, non-moving violation. Additionally, attorney Sabol was able to negotiate no license suspension and no probation for our client. He gladly paid the fine and moved on with his life without a second lifetime OVI / DUI conviction.

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


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