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STATE v. T.W.

Charge: OUI

Mandatory Minimum Penalty: 150-day loss of license; $500 fine

Maximum Penalty: 150 day+ loss of license; $2,000.00 fine; 364 days jail

Summary: Client was observed “blowing through a stop sign” by a police officer.  The client was driving at a high speed and ultimately, was able to evade the officer long enough to pull into a driveway and stay out of sight.  Unfortunately for my client, he failed to turn his headlights and motor off.  The officer observed the tail lights on and the car running as he drove past the driveway.  The officer was then able to identify the car as the one he previously observed “blowing through a stop sign” just moments earlier.  The client admitted to the recent consumption of alcohol and was put through some field sobriety tests.  The client “failed” the field sobriety tests and was placed under arrest for suspicion of OUI.  Client blew over the legal limit.

Result: DA agreed to drop the case down to Driving to Endanger for a 30-day loss of license and a fine of $750.00.  The client had recently been diagnosed as pre-diabetic and we discovered that his glucose levels would have put him into ketoacidosis, which would explain the elevated breath test result.

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