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Cases Category: Criminal Speed

STATE v. K.A.

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Criminal Speeding

Result

Working against the client was his/her horrendous driver history.  Client had been suspended as an Habitual Offender two separate times during his/her lengthy motor vehicle history.  The driver history was littered with numerous violations, most of which included speeding infractions and operating after suspension.  Thankfully, we had a sympathetic DA who agreed that while my client’s driver history was bad, he/she had remained out of trouble for the past 3 years but if he/she was convicted, the client would be suspended for another 3 years as an habitual offender and would lose his/her job, which he/she had been at for a number of years.  We were able to work out a deal that required my client to surrender himself/herself to the jail for 48 hours in exchange for a dismissal of the criminal speed charge and an admission to speeding 29mph over the speed limit.  This arrangement kept my client from being classified as an habitual offender for the 3rd time, which would have resulted in another lengthy suspension and a loss of his/her job.  My client was thrilled with this arrangement and has promised to turn over a new leaf now that he/she has been given a golden opportunity to turn things around.
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STATE v. J.L.

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Criminal Speed (107mph)

Result

DA agreed to dismiss the case after 12 months pending completion of a defensive driver’s course.  In Maine, judges are routinely ordering a minimum of 72 hours jail in cases where people break the 100mph speed barrier.  In this case, the DA was sympathetic to my client who had recently suffered from a severe head injury and was unaware of his/her speed.  Client had also been driving for nearly 20 straight hours and was extremely fatigued.  While not an excuse for the driving behavior, it was enough to establish a starting point for conversation that ultimately would lead to a dismissal.
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STATE v. N.G.

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OUI & Criminal Speed

Result

We immediately filed a preservation of evidence request with the police department in order to preserve videos from the Intoxilyzer room.  Ultimately, the police failed to preserve the video as requested.  DA dismissed both charges immediately prior to hearing.
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STATE v. R.H.

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Criminal Speed

Result

We were able to negotiate a dismissal of the criminal charge and the client admitted to exceeding the speed limit by 9mph and was given a traffic ticket for the same.  A fine of $500.00 was imposed but the client avoided the criminal charge and was given the lowest possible speed violation bracket offense.
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STATE v. P.G.

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OUI Refusal, Aggravated OUI (Class “C” felony), Reckless Conduct with a Deadly Weapon (Class “C” felony), Aggravated Assault (Class “B” felony)

Result

Local law enforcement did a shoddy investigation and failed to do a proper accident reconstruction in this case.  In addition, we had video evidence that supported our assertion that my client wasn’t impaired by alcohol and instead, was suffering from injuries sustained in the accident.  We also successfully argued that my client never refused to take a blood test and that the entire case was botched by the investigating officer.  As a result of our efforts, we secured dismissals of ALL four original charges.  As part of a plea agreement, my client pled guilty to a single count of Reckless Conduct (non-driving misdemeanor offense) and was placed on probation for a period of one (1) year.  Client was required to attend the 7 day alternative sentencing program.  Client, who’d never even had a speeding ticket, was able to avoid convictions on the felonies as well as the OUI Refusal, resulting in a clean criminal driver history.
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Bail Argument Victory

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Bail Argument Victory

Result

My client was charged with felony bail violation where the underlying crimes for which he was originally bailed on included Burglary, Aggravated Criminal Trespass, Domestic Violence and Witness Tampering.  The state asked for $10,000.00 bail, which I argued was an outrageous request that was unsupported by the circumstances of the crime or the client’s criminal history. After a lengthy bail argument, the court agreed with my analysis of the State’s case and set bail in the amount of $500.00.  My client was grateful.
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STATE v. A.W. – Theft & Criminal Mischief

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Burglary; Theft by Receiving & Criminal Mischief

Result

Burglary charge was dismissed in return for a plea to 2 misdemeanors.  Client was placed on administrative release and avoided prison time.  Client was ordered to pay restitution.
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