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Second Offense OVI / DUI High Test Charge Dismissed

A gentleman in his mid-30s was pulled over by a Gahanna Police Department officer early one recent morning for a marked lanes violation. While running the man’s driver’s license, the officer likely saw that he had a prior OVI / DUI conviction within the past 6 years.

Upon reaching the vehicle, the officer noticed an open can of Budweiser in the car. He asked the gentleman if he’d been drinking and that was confirmed. The driver was then asked to step out of his vehicle and perform the roadside field sobriety tests. He complied. After performing the tests, he was arrested and charged with a second offense OVI / DUI in 6 years. After being arrested, the driver was taken back to the Gahanna Police Department and asked to submit to a breath test. He complied. The result was over the .170 Ohio Legal Limit. He was charged with an additional High Test OVI / DUI violation. He was also charged with a criminal case for consumption of an alcoholic beverage in a motor vehicle.

Normally, if a person is pulled over by a Gahanna Police Department officer, their case would be scheduled in Gahanna Mayor’s Court. However, because of the prior OVI / DUI offense, the case was scheduled in Franklin County Municipal Court.

This gentleman was now facing some very serious circumstances. If he pled guilty or was convicted of his charges, he would be facing a mandatory minimum of 20 days consecutive in jail. His license would be suspended for 1-5 years and if he were given driving privileges, he would have to have the yellow plates and an interlock breath test device installed in his vehicle.

Attorney Dan Sabol and attorney Chase Mallory represented the gentleman on his case. First, they went and reviewed all of the police reports and investigative notes on the case. After reviewing the reports and forwarding them to our client to review and forward his thoughts, they began negotiating on his cases.

Ultimately, attorneys Sabol and Mallory were able to convince the prosecutor to dismiss the second offense OVI / DUI High Test charge, as well as the criminal case. This resolution allowed our client to avoid 20 consecutive days in jail, the mandatory yellow plates and interlock breath device, as well as the criminal charge.

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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