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Charge: OUI Refusal and Refusal to Sign a Uniform Summons & Complaint (USAC)

Maximum Penalty: 364 days jail; $2,000.00 fine; 1-year loss of license on the OUI Refusal.  180 days jail and $1,000.00 fine on Refusing to Sign USAC.

Mandatory Minimum Penalty: 4 days jail; $700 fine; 1-year loss of license (275 for the admin suspension and 90 days for the OUI).

Summary: The client was coming home after dinner and following a long day of work.  The client was driving on a rural road when a deer jumped out in front of him, causing him to swerve and roll the van into a ditch.  The client was badly shaken up and had struck his head on the window when the van tipped over.  The client had also urinated on himself due to a bladder condition.  Police arrived on the scene and arrested him shortly after he refused to perform field sobriety tests.  The client was brought back to the police station and refused to take a breath test.

Result: On the day of jury selection, the DA offered to file all charges for no costs for a period of 9 months with the charges to be dismissed at the end of the filing period.  The client accepted the offer, which was a “no-brainer” decision.  The client was relieved the case was over and ecstatic with the outcome.  The reason this outcome was achieved was due in large part to being prepared to pick a jury and try the case.  It also helped that there were very favorable facts for the defense.

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