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State v. K.O.

Offense: 1st Offense OUI .13%

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

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

Synopsis: Client was driving on Rt. 95 when he was stopped for speeding by the Maine State Police. Client submitted to field sobriety tests and performed fairly well. In fact, client’s performance on the field sobriety tests were inconsistent with the BrAC measurement taken at the station, which was a .13%.

Result: Client’s case was dropped down to a Driving to Endanger due in large part to his well documented history of GERD as well as a hiatal hernia. Client’s medical records were provided to the State for review prior to trial and the DTE was negotiated.

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