Skip to main content
Benjamin Louis Luftman

Benjamin Luftman’s Answers

60 total


  • Effect of Hospital records from emergency room doctor in OVI refusal case.

    Refused to submit to blood draw at hospital over 2 hours after car ran off road and I hit my head on steering wheel. Hospital records from emergency room doctor indicate: "not clinically intoxicated" and "no nystagmus". Trooper arrived on scene af...

    Benjamin’s Answer

    If your license was suspended for the refusal, you could argue that it should be terminated because you were not asked to submit to a chemical test within 2 hours of the alleged violation. That appeal must be filed within 30 days of your initial court appearance.

    The notes from the emergency room doctor could be helpful in first attempting to negotiate the dismissal or reduction of the charges with the prosecutor and could potentially be useful as well should the case have to go to a jury trial, as they would contradict the trooper.

    Ben Luftman

    See question 
  • Will the check to see if I have a warrant if I renew my ID?

    I have a warrant for trafficking drugs from 3 years ago I recently found out I have. I am saving for an attorney to turn myself in and pay the bond but I need a new ID. I do not have a license if that matters.. I dont drive. I have never ran from ...

    Benjamin’s Answer

    If you go to the BMV to renew your state ID, your warrant will show up and you will likely be arrested on the spot.
    Also, in regard to your trafficking case, you should speak with a criminal defense attorney who would be able to futhrer advise you on your options for getting the warrant set aside, or who may be able to modify the bond, if there is one that has been set at this time, in addition to dealing with the case itself.

    See question 
  • I have a bench warrant and Ive been hired for a job. I want to know if it's not removed by the time they do a background check

    Will it appear. The warrant is for failure to appear o to a court date that was suppose to be rescheduled. Also I'm applying to universities in a few weeks and wanted to know if this warranty will affect my chances of being accepted into universit...

    Benjamin’s Answer

    Bottom line is you need to get the warrant and underlying case taken care of. This is something that will likely appear on any background check and your license could be currently suspended as well.

    Benjamin Luftman
    www.columbuscriminalattorney.com
    614-406-5868

    See question 
  • I have a warrant for not going to court. The warrant has been sent to the BMV. If i go to get an I.D. will I be arrested.

    When looking at the clerk of courts website its called a warrant block. I was told it stopped me from getting a D.L or registering a vehicle but I can't find anything about getting an I.D.

    Benjamin’s Answer

    Yes. You absolutely will be arrested. The warrant on the case, as well as the warrant block should be set aside before you go to the BMV. If your case is in Columbus and you would like to discuss further, please feel free to contact me.

    Ben Luftman
    614-406-5868
    www.columbuscriminalattorney.com

    See question 
  • Son was intoxicated and while being questioned paraphernalia fell out of his pocket

    Student, was intoxicated, officer handcuffed him after he wouldn't take the breathalyzer. Pill bottle fell out of his pants which smelled like marijuana. The officer frisked him and found a pipe. He spent a night in jail and walked back to his dor...

    Benjamin’s Answer

    Was your son additionally charged with a DUI, or underage possession or consumption of alcohol? If so, there are additional considerations. If he was charged with a drug related offense(s), there are a number of potential issues including losing his license and if he is a student and receiving federal financial aid it could be in jeopardy as well.

    If you would like to discuss his circumstances in greater detail, please feel free to contact me.

    Benjamin L. Luftman
    614-406-5868
    www.columbuscriminalattorney.com

    See question 
  • My son (17) was caught last night with a stolen gun what are we looking at? No charges yet till indictment

    I was told by police officers that there are no charges yet they will wait on indictment (he was with 3 other friends) they also had stolen property in the vehicle as results from breaking into cars

    Benjamin’s Answer

    It looks like your son could be charged with multiple offenses based on the circumstances you described. Theft, possession of criminal tools, receiving stolen property charges and potential weapons charges come to mind.

    The amount and severity of the charges and potential penalties would depend on the value of the items and additional details regarding the incident. However, you probably do not want to speak too much more about those details online.

    If you would like to discuss your son's circumstance further, please feel free to contact me directly

    Ben Luftman
    (614) 406-5868
    www.columbuscriminalattorney.com

    See question 
  • International student charged with 1st degree Misdemeanor - Fleeing police officer

    This is my first offense and it was an honest mistake. I was driving home at 3 am and didn't notice when the police car was behind me. Then when I saw it I hesitated to stop because it was really late and I never got pulled over before, so I wasn'...

    Benjamin’s Answer

    Fleeing is a serious charge for a number of reasons. It can carry up to six months in jail, up to a $1,000 fine and 6 points on your traffic record. Also, if your case is scheduled in Franklin County Municipal Court, a judge or magistrate might be required to suspend your driver's license if you plead guilty.

    In my opinion, a fleeing conviction conviction could have a negative influence on a background check, future employment and the immigration process.

    It is very important for you to take this case seriously. If you would like to discuss this charge further, please feel free to contact me.

    Benjamin Luftman
    614-406-5868
    www.columbuscriminalattorney.com

    See question 
  • I have a 1 couont OMVI case I want to reduce to reckless opps.

    I did blow over the legal lemit at 1.14. I was not pulled over for speeding, but the officer stated that I was accelerating although he did not know my speed.

    Benjamin’s Answer

    I'm assuming your case is in Franklin County Municipal Court. In my experience there, it will take a fight to get the reduction you are looking for. The Columbus City Prosecutor's office does not let go of breath test OVIs without a fight.

    Did you take the roadside field sobriety tests? If so, which ones? How you did on them and whether they were conducted properly will definitely make a difference as well.

    If you have any additional questions, please feel free to contact me.

    Benjamin L. Luftman
    614-406-5868
    www.columbuscriminalattorney.com

    See question 
  • I was approached by undercover demanded to hand over drugs just purchased with id. He asked me some questions and sent me home.

    What can happen and HELP im a mess n scared outta my mind

    Benjamin’s Answer

    Were you charged with an offense? A more detailed explanation of your situation would help to explain your situation and options. If you wish to discuss your situation in more detail, please feel free to contact me.

    Benjamin Luftman
    614-406-5868
    www.columbuscriminalattorney.com

    See question 
  • What case does the state have if there is no video evidence and no breath test?

    I was recently pulled over for changing lanes without safety. The officer claims to have smelled alcohol. Field tests were administered, and I was placed under arrest charged with an OVI. I reused a breathalyzer at the station. I was released on s...

    Benjamin’s Answer

    You are charged with an OVI Impaired charge. This means that the officers subjective opinion of how you were driving, how you pulled over, how you looked, how you smelled, what you said and your performance on the field sobriety tests indicated that you were too impaired to drive and that is why you were arrested.

    If you were to have a jury trial, the officer would testify to what I have listed above. A cruiser video is not necessary for the officer to testify.

    If you are trying to avoid the OVI and accompanying penalties and are able, you should hire an attorney to figure out what the evidentiary issues are with the case and leverage them with the prosecutor. For example, did the officer do the demonstrations and instructions properly on you while giving you the field sobriety tests.

    If you have any additional questions, please feel free to contact me.

    Benjamin L. Luftman
    614-406-5868
    www.columbuscriminalattorney.com

    See question