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Cases Category: OUI, DUI, and DWI

STATE v. A.O.

Charge

OUI (.20%)

Result

We offered to resolve the case with a Driving to Endanger conviction in return for a dismissal of the OUI charge.  The DA refused and felt fairly confident that he would win on a hearing to suppress evidence obtained from the stop.  Fortunately for my client, we conducted a hearing on the issue of the legality of the stop and the judge agreed with my argument that it was an illegal stop and there was no evidence of criminal activity that would justify the stop.  CASE DISMISSED!
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STATE v. D.C.

Charge

OUI Refusal

Result

 DA agreed to dismiss the OUI Refusal charge due in large part on a failure by the PD to preserve important video evidence that had been previously requested by my Office.  Client pled guilty to Driving to Endanger for a fine of $1,000.00 and a 30 day loss of license.  Client was able to continue to drive back in his/her home state as he/she was never convicted of the OUI.
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STATE v. S.S.

Charge

OUI (3rd offense in 15 years)

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.
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STATE v. D.C.

Charge

OUI Refusal

Result

 Client was brought to the local PD for a breath test and refused to take the test.  When I was first brought in to handle the client’s case, I sent a letter to the PD requesting them to preserve the video evidence.  That request was not complied with, which resulted in a dismissal of the OUI Refusal charge and the client pled guilty to Driving to Endanger.  My client was extremely relieved.
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STATE v. C.D. – 2nd Offense OUI / DUI

Charge

2nd offense OUI (3rd in 11 years) Violating Bail Conditions Operating Beyond License Restriction & Operating after Suspension

Result

We were set to pick a jury but earlier that morning, we were conducting a BMV hearing.  At the hearing, the officer admitted under cross-examination that he turned his back on my client while performing the wait period and that he didn’t keep him under constant observation.  The officer further admitted that he didn’t understand why there was an error message on the machine or what remedial actions to take in order to ensure the breath test was properly performed.  As a result, the BMV suspension was dismissed on the spot.  We then headed over to jury selection.  The officer informed the DA of what had transpired earlier that morning.  As a result, the DA dismissed the OUI and Operating after Suspension in return for pleas of guilty to Violating Bail Conditions and Violation of a License Restriction.  This saved my client a 3 year loss of license as well as a lengthy term of imprisonment based on the client’s lengthy history of alcohol abuse.
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BMV v. S.P.

Charge

OUI

Result

We enlisted the services of the state’s chemist who performed a Widmark calculation.  Based on the evidence presented to the chemist, his calculations indicated that my client was below a .08% BrAC at the time of driving.  The license suspension was rescinded and my client’s driver’s license was immediately restored.
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STATE v. N.G.

Charge

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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BMV v. J.G.

Charge

OUI

Result

We conducted a BMV hearing on the issue of whether or not the test result was accurate.  The officer left out critical information in his report, repeatedly changed his story and backpedaled when confronted with conflicting information.  In a nutshell, the officer lied multiple times under oath.  As a result of an extremely aggressive cross-examination, the officer’s testimony was completely discredited and the hearings officer agreed that the test result was proven to be unreliable.  The suspension was immediately rescinded and the client, who has a CDL, was able to avoid a one (1) year suspension of his license and can now continue to drive his tractor-trailer for a living.
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STATE v. H.F.

Charge

OUI & Leaving the Scene of an Accident

Result

During the wait period portion of the breath test, client vomited 3 separate times and the officer failed to reinspect the client’s mouth.  Officer testified to this information at the BMV, which provided us with a basis to get the breath test excluded fort both the BMV hearing and the criminal case.  As a direct result of our efforts, the OUI and Leaving the Scene of an Accident were dismissed in return for a plea to Driving to Endanger for a fine of $800.00 and a license suspension of 30 days.
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