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STATE v. C.M. – Aggravated OUI / DUI

Offense: Aggravated OUI

Mandatory Mandatory Minimum Sentence: 48 hours jail; $500 fine; 90 day loss of license

Maximum Sentence: 364 days jail; $2,000.00 fine; 90 day loss of license

Summary: Client was stopped after running 2 stop signs on his motorcycle.  Client performed reasonably well on field sobriety tests.  Client was brought back to the PD for a breath test where he blew a .18% BrAC.  Client had a recent OUI dropped down to a DTE so the DA was treating this as a 2nd offense.  Client suffered from GERD and we brought an expert on board to deal with the issue.

Result: We picked a jury and on the day of jury trial, a void dire of my expert was undertaken by both sides.  After the void dire, my client was offered a deferred disposition on an OUI with a drop down to a DTE, which he accepted.  Because my client held a CDL, he couldn’t risk a 1 year loss of license on an OUI conviction for his CDL.

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