Offense: 1st Offense OUI .16%
Maximum Sentence: 364 days jail, 90 day loss of license, $2,000.00 fine
Mandatory Minimum Sentence: 48 hours jail, 90 day loss of license, $500 fine
Synopsis: Client was stopped by local law enforcement for weaving within his lane and crossing over the center divider and fog lines numerous times. Client was administered field sobriety tests and performed poorly. Client admitted to consuming alcohol and made numerous self-incriminating statements. Client was placed under arrest for OUI and given a breath test. Client’s blew a .16% BrAC.
Result: A motion to suppress evidence for lack of reasonable suspicion was filed and argued before a Superior Court justice. During the hearing, the officer testified to the existence of a cruiser video that purported to show client’s earlier poor driving. This video was never provided to the Defendant and therefore, a motion to dismiss for discovery violations was filed. Ultimately, the judge agreed that the failure by the state to provide defense counsel with the video was a serious breach of the rules of discovery and therefore, the OUI WAS DISMISSED.
