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A gentleman in his early fifties was initially pulled over by a Columbus Police Department officer for having a tail light out on his vehicle. He was then asked if he had been drinking. He admitted he had. He was then asked to step out of his vehicle to perform the roadside field sobriety tests. He complied. After performing the roadside field sobriety tests, the gentleman was arrested. He was then taken to the Columbus Police Department and asked to submit to a breath test. He complied and his test was above the legal limit.
Because he had a prior OVI / DUI conviction within six years, he was charged with a second OVI / DUI in six years. A conviction would mean that he would spend at least 10 days consecutively in jail. He would also have a license suspension of at least one year and a mandatory requirement to have both the yellow plates and a breath test device installed on his vehicle.
Given what the gentleman was facing, he was understandably terrified. After researching attorneys online, he spoke with attorney Ben Luftman about his circumstances and hired the Columbus Criminal Defense team to represent him on the case.
Attorney Dan Sabol represented this teacher and over a number of court dates came up with some issues of proof the prosecutor would have if the case were litigated. Acknowledging the proof issues, the prosecutor agreed to treat the OVI / DUI charge as a first offense.
The result kept our client from doing any jail time. It also kept the yellow plates of his car and he did not have to install the interlock breath test device. This result was no doubt an enormous relief.