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Weapons Use While Intoxicated Conviction Avoided

A man in his late 50s was involved in an accident. A tow truck driver was dispatched. The tow truck driver then called the police and indicated that one of the drivers may be under the influence. A couple of Columbus Police Department officers arrived and began questioning the driver about a possible OVI / DUI. The driver admitted to consuming alcohol. He was then asked for his license. While looking for his license, one of the officers observed a carrying concealed weapons (CCW) permit and suspected the driver of the offense of weapons use while intoxicated. The man was asked if he had a weapon on him and he indicated it was in his right front pocket. The man was then asked to perform the roadside field sobriety tests.

After completing the tests, he was arrested and charged with first offense OVI / DUI. He was then taken back to the Columbus Police Department and asked to take a breath test. He complied. The result of the test was above the .170 High Test Ohio Legal Limit. He was charged with an additional OVI / DUI High Test offense. Because he had his weapon on him, he was charged criminally with Weapons use while intoxicated.   His Ohio driver’s license was then seized and he was placed under an administrative license suspension. Finally, his case was scheduled in Franklin County Municipal Court.

Having never been charged with more than a traffic ticket, these circumstances were jarring. He was looking at a serious criminal weapons conviction and the possibility of mandatory jail time and having the yellow plates on his vehicle. The gentleman was extremely concerned about a criminal conviction for weapons use while intoxicated and its possible impact on his CCW. After speaking with a number of attorneys, he spoke with attorney Ben Luftman and hired the Columbus Criminal Defense team to represent him on the cases.

The first thing Attorney Luftman did was to get the man limited driving privileges. The limited driving privileges allowed him to drive back and forth to work, medical appointments and court appearances.

Thereafter, Attorney Luftman and Attorney Dan Sabol got to work on the OVI / DUI and weapons use while intoxicated charges. After reviewing all of the evidence and appearing on his behalf over multiple court dates, Attorney Sabol was able to negotiate a resolution where the criminal weapons charge was dismissed. This resolution was what our client was looking for in order to protect his CCW. He agreed to plead guilty to the OVI / DUI charge and resolve both cases.

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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