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State v. J.W.

Offense: OUI .17%

Maximum Sentence: 364 days jail, $2,000.00 fine

Mandatory Minimum Sentence: 48 hours jail, 90 day loss of license, $500.00 fine

Synopsis: Client was pulled over for erratic operation. Client was from out of state and trying to “Google” directions on his smart phone. Erratic operation was captured on video. Client performed field sobriety tests and performed moderately well. Client admitted to consuming one beer earlier in the evening. Client was arrested and brought to the station for a breath test where he blew a .17%.

Result: Case dismissed prior to docket call. Prosecutor agreed that the HGN test was invalid as well as the breath test due to a .XXX error that was unaccounted for. Prosecutor dismissed based on an inability to prove the case beyond a reasonable doubt. Client was a surgeon whose surgical privileges were in jeopardy if convicted. Client also avoided any suspension time by prevailing at the BMV hearing that was conducted prior to docket call.

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