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STATE v. J.L.

Charge: OUI Refusal

Mandatory Minimum Penalty: 14 months loss of license; $600 fine; 4 days jail

Maximum Penalty: 14 months loss of license; $2,000.00 fine; 364 days jail

Summary: Client was driving on the wrong side of the road when he nearly struck a local police cruiser head-on.  The client was stopped and ultimately asked to perform field sobriety tests.  The client failed all SFSTs miserably.  The client was brought to the sheriff’s office where he refused to take go in and complained that he was feeling “suicidal”.  The client then admitted to the officer that he was delaying as long as possible so he could sober up.  The client was brought to the hospital and ultimately refused to submit to a blood test.  The client pretended he couldn’t speak English and that he couldn’t understand anything being asked of him.  All of this was captured on video, which obviously hurt the client’s cause.

Result: Through lengthy negotiations, the DA agreed to strike the Refusal and the client pled guilty to OUI for a fine of $500 and no jail.  This was a particularly difficult case as all of the interaction between the officer and the client was captured on video.  Furthermore, the client was extremely belligerent during the investigation and booking process.

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