Charge: OUI (.14% BrAC)
Mandatory Minimum Penalty: 150 day loss of license; $500 fine
Maximum Penalty: $2,000.00 fine; 364 days jail; 150 day loss of license
Summary: Client was allegedly driving her SUV when she lost control and crashed into a ditch. Client and passenger were uninjured and a call was made to 911 for help. Police arrived on scene and were convinced that the client had been driving. As a result, they placed her in the back of their cruiser and interrogated her for nearly 1 hour without the benefit of Miranda. Client ultimately admitted to driving and she was charged with OUI.
Result: Due to the Miranda violation, client’s statements were inadmissible. However, the passenger ultimately told the police that the client was driving so the state could still pursue the case based on the passenger’s statements. Ultimately, we resolved the case by getting the OUI dismissed and the client pled guilty to Driving to Endanger for a fine of $575 and a 30 day loss of license. Client was pleased as this was the 2nd time she’d been charged with OUI in the past 3 years and this was the 2nd time we’d gotten her out of the charge due to police mishandling of the case.
