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STATE v. C.D. – 2nd Offense OUI / DUI

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

Maximum Penalty: 364 days jail; 3 year loss of license, $2,000.00 fine on the OUI and 180 days jail and $1,000.00 fine on the remaining charges.

Mandatory Minimum Penalty: 7 days jail, 3 year loss of license, $700.00 fine

Summary: Client was sitting in a parking lot waiting to exit when a local police officer randomly checked his plates for suspensions.  The officer learned that the client was on bail conditions, which prohibited him from consuming or possessing alcohol and that the client was subject to random searches and seizures for alcohol.  The officer stopped the client in order to ensure that the client was not in violation of bail.  The client admitted to drinking alcohol earlier in the day and was adamant that he was not under the influence of alcohol.  The officer ordered the client to exit his car in order to perform field sobriety tests.  The client did not do well and was placed under arrest for OUI.  Client blew a .09% BrAC.

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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