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Charge:  OUI

Summary:  Client was observed squealing his / her wheels as they skidded through a stop sign.  Officer began to follow the client and observed the client run over a curb as they tried to negotiate a right hand turn.  The officer stopped the client and ultimately, began an investigation for OUI.  Client performed marginally well on the physical portions of the sobriety tests and the officer incorrectly administered the Horizontal Gaze Nystagmus (HGN) test.  My client was arrested for OUI and blew a .07% BrAC.  In Maine, you can still be charged with an OUI even if you’re under the legal limit as Maine law makes it illegal to drive while impaired to any degree by alcohol.

Maximum Penalty:  364 days jail; $2,000.00 fine; 7 month loss of license

Result:  Client was a member of the US armed forces.  A conviction would likely have cost the client his / her career as the client had nearly 18 years of meritorious service and was close to retirement.  My client was pushing me hard for a DTE but I wanted a full dismissal.  Ultimately, the DA relented and agreed to file the case for $300.00 and 6 months.  Assuming the client stayed out of trouble, the case would be dismissed after 6 months.  My client still maintained their innocence and never pled guilty, therefore, allowing him / her to maintain his / her dignity, keeping his / her service record and career intact.

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