Charge: OUI (3rd offense in 15 years)
Maximum Penalty: 364 days jail; $2,000.00 fine; 150 day loss of license
Summary: Client was stopped for speeding. During the stop, client admitted to drinking three (3) beers recently. Client was asked to perform field sobriety tests and client complied. The police officers had a difficult time determining if the client was under the influence but arrested the client in order to be “on the safe side”. A breath test was administered and the client blew a .13% BrAC.
Result: We had a couple of things going for us. First, we won the BMV hearing based on the officer’s failure to properly inspect the client’s mouth where had he done his job, would have discovered the client had dentures. Secondly, there were some social and mental health issues that the client was suffering from and we were able to bring these issues to the DA’s attention. The result was that the OUI was dismissed in return for a plea to Reckless Conduct, a fine of $2,000.00 and no license suspension. The client was happy because any license suspension would have meant termination from employment.
