Charges: OUI .11%
Results: Motion to Suppress Granted and Case DISMISSED
Client, facing OUI charges, revealed significant medical issues during a traffic stop. Despite being blind in one eye, recovering from double-knee surgery, having an inner ear disorder, and being on medications, the officer insisted on field sobriety tests. In a BMV hearing, we exposed the officer’s failure to exercise discretion in administering physical roadside tests. The BMV examiner granted a motion to dismiss for lack of probable cause. Subsequently, a Motion to Suppress was successful, and the judge promptly granted it, leading to the immediate dismissal of the OUI charge. The officer’s inflexible stance on testing proved crucial in dismantling the case.
