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STATE v. C.R. – OUI / DUI BrAC Charge

Charges: OUI (.17% BrAC)

Mandatory Minimum Penalty:  48 hours jail; $500 fine; 150-day loss of license

Maximum Penalty:  364 days jail; $2,000.00 fine; 150 day loss of license

Summary: The client was the purported passenger in a single-vehicle crash.  Police didn’t believe that the client was the passenger wasn’t driving and pressed the driver and client for over an hour on their stories.  The client eventually admitted to being the driver and was arrested for OUI.  Client blew a .17% BrAC.

Result: The client’s Miranda rights were violated during the interrogation, which resulted in a good argument to have her admission to driving thrown out.  Without being able to place the client behind the wheel, the state would have had a tough job proving the OUI if they couldn’t get the driver’s friend to testify.  DA dismissed the OUI and the client pled guilty to Driving to Endanger for a fine of $575.00 and a 30 day loss of license, concurrent with the BMV suspension.  Client was thrilled since this was the second time in 4 years we got the client off the hook for an OUI.

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