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Second Offense OVI / DUI in 6 Years Charge Reduced

While driving home one evening, a woman in her mid-30s was stopped by an Ohio State Highway Patrol trooper for a marked lanes violation. While running her license, the trooper saw that the driver had been previously convicted of a first offense OVI / DUI offense. The trooper approached the car and asked the driver if she had been drinking. The driver admitted to having one glass of wine. The trooper then asked the driver to exit her vehicle and perform the roadside field sobriety tests. She complied. After performing the roadside field sobriety tests, she was arrested and charged with a second offense OVI / DUI in 6 years.

From there the driver and trooper’s version of the story differed dramatically. The trooper said in her report that the driver refused to take the breath test. The driver insisted that she wanted to take a breath test because she was certain she would test under the legal limit and that the trooper told her she would be happy to test her, but she would be arrested and taken to jail in order to do so. The driver did not want to go to jail, so she did not take the test.

This situation angered the driver. If she were convicted of a second offense OVI / DUI in 6 years, she was going to spend 20 days mandatory in jail and have a 1-5 year license suspension with a requirement that she have yellow plates and an interlock breath device installed in her car.

After researching online the process of hiring an OVI / DUI attorney, she spoke with attorney Ben Luftman. She explained her circumstances and her frustration about the way her second offense OVI / DUI arrest was handled by the trooper. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent her on the case.

Attorney Luftman and attorney Dan Sabol represented the driver. After ordering the DVD of the traffic stop and reviewing it, it was clear that there were significant issues with the state’s case. After the prosecutor had the opportunity to review the DVD as well, he agreed and offered to reduce the second offense OVI / DUI charge to a minor misdemeanor reckless operation and terminate the license suspension.

The minor misdemeanor reckless operation is a non-alcohol related traffic offense. It is only punishable by a fine. The 20 days mandatory jail time was gone. There would be no probation. This combined with the termination of the license suspension was an offer that our client thought about deeply and decided to accept. The alternative was to have a trial on the second offense OVI / DUI and she ultimately decided it was not worth the risk. She paid a small fine and moved on.

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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