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Second Lifetime OVI / DUI Charge Reduced to Physical Control

A young man in his early twenties was pulled over by an Ohio State Highway Patrol trooper for speeding and following too closely. After speaking with the trooper, he was asked if he had been drinking and said he had not. He was asked if he had smoked marijuana. He admitted to smoking marijuana earlier in the day. He was then asked to step outside of his vehicle and perform the roadside field sobriety tests and complied. After completing the roadside field sobriety tests, he was charged with an OVI / DUI. His case was then scheduled for arraignment in Madison County Municipal Court.

This young man was concerned for many reasons. He is a student at The Ohio State University and an OVI / DUI conviction could seriously impact his ability to get a good job after graduating. If convicted of the OVI / DUI, this young man could have face up to six months in jail and a license suspension of six months to three years. He also could have been placed on probation for up to five years.

After reviewing his options, the young man reached out to the Columbus Criminal Defense team  to help him fight the charges.

Attorneys Ben Luftman and Dan Sabol represented him on the case. After reviewing all of the police reports, the alcohol influence report detailing the roadside field sobriety tests and the DVD, attorney Sabol successfully argued the potential evidentiary issues that the prosecutor would have trying to prove the case. After a number of court dates, the prosecutor ultimately agreed and offered to reduce the OVI / DUI charge to a lesser charge of Physical Control.

The lesser Physical Control charge kept the OVI / DUI conviction off of our client’s record. He did not have to spend any time in jail. He was given driving privileges during his license suspension. Most importantly, his future goals remain intact.

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