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Cases Category: OUI, DUI, and DWI

STATE v. A.G. – OUI / DUI

Charge

OUI

Result

 I was able to convince the DA to NOT CHARGE MY CLIENT so the case never made it to court.
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STATE v. J.M.

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Result

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STATE v. J.T.

Charge

OUI

Result

 Client voluntarily checked into rehab for 60 days, continued on with intensive out-patient care and ultimately, continued on with AA and weekly substance abuse counseling.  As a result of the client’s rehab efforts, the DA agreed to dismiss the OUI in return for a plea of guilty to Driving to Endanger for a fine of $1,000.00 and a 30 day license suspension.
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BMV v. R.L.

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Result

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STATE v. T.B.

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OUI Refusal

Result

The client, a member of the US Navy, was at risk for termination of his career if convicted of the OUI Refusal.  As a result of a long and intensive negotiation, I was able to resolve the case with a plea to Driving to Endanger in return for a dismissal of the OUI Refusal.  The resolution ensured that my client didn’t lose his position with the US Navy.
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STATE v. S.P.

Charge

 OUI

Result

We were in a jurisdiction that has a strict policy of “no drop downs or charge reductions with respect to DUI cases”.  As such, we knew from day one that we’d need to win at trial.  We decided to waive a jury trial and had the case presided over by a single judge.  We argued that the evidence in the case only supported probable cause to arrest my client for suspicion of drunk driving but did not meet the evidentiary burden of “proof beyond a reasonable doubt”.  The judge agreed and found that my client was NOT GUILTY.  The end.
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STATE v. J.St.

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Felony OUI (3rd offense)

Result

 We presented the DA with an excellent legal argument that the seizure of my client’s person was unsupported by any reasonable suspicion of criminal activity and was a violation of my client’s constitutional rights.  The day before the case was set to be heard by a superior court justice, the DA and I fashioned an agreement that resulted in the felony OUI charge being dismissed and my client pled guilty to a single count of Operating Beyond License Restriction for a fine of $500.00.  My client avoided the felony conviction as well as a 6-year loss of license.  My client was very pleased.
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STATE v. S.S.

Charge

OUI (.16% BrAC)

Result

We conducted a hearing on a motion to suppress illegally obtained evidence.  We argued that no evidence collected at the time of the stop would support a reasonable suspicion that my client was under the influence of alcohol.  The judge agreed and granted the motion to suppress evidence.  As a result, the state was forced to dismiss the charge!  Client was estatic as we previously prevailed at the BMV and therefore, the client avoided any blemish on his criminal and motor vehicle history.
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BMV v. P.F.

Charge

OUI (.24% BrAC)

Result

We requested that the PD preserve a copy of the Intoxilyzer room video for review.  We later discovered that the officer violated the 15 minute wait period when he left the room for approximately 17 seconds, leaving my client unattended.  When confronted with this issue, the officer denied ever leaving the room.  Thankfully, we had the videotape, which we played for the hearings officer and the cop.  The police officer had clearly forgotten that he left the room and admitted that as a result, the test was unreliable.  BMV suspension DISMISSED!!!
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