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Offense: OUI Refusal… 30 days later client was arrested for a second OUI

Maximum Sentence: 364 days jail on each charge as well as a fine of $2,000.00 on each charge and a total license suspension of 3 years if convicted of both offenses.

Mandatory Minimum Sentence: 96 hours jail, $700 fine and loss of license on 1st OUI of 1 year… on the second charge, 7 days jail, 3 year loss of license and a fine of $700 as well as a 3 year suspension of the client’s right to register a motor vehicle.

Synopsis: On the OUI Refusal, the client actually submitted to a breath test for which the result was a .XXX% error message. The officer failed to restart the 15 minute wait period and thus the case was dismissed at the BMV level. This was used as leverage for negotiating a global resolution of both cases in criminal court.

Result: Client pled guilty to a non-aggravated OUI charge for a fine of $500 and a suspension of her driving privileges for 90 days. The Refusal charge was dismissed. The client avoided jail time as well as a 3 year loss of license.

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