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STATE v. M.M.

Offense: OUI Refusal

Maximum Sentence: 364 days jail, 6 year loss of license, $2,000.00 fine

Mandatory Minimum Sentence: 4 days jail, $700.00 fine, total of 1 year loss of license

Synopsis: A BMV hearing was held on the issue of whether or not the Defendant failed to submit to a breath test as required by law. The officer failed to comply with the Implied Consent laws as evidenced by his testimony when he admitted that he failed to read the implied consent form to the Defendant.

Result: 9 month suspension for refusing to submit to a breath test was dismissed at the hearing. Client was of course, very happy.

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