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Cases Category: OUI, DUI, and DWI

Secretary of State v. PP

Charge

Ignition Interlock Device Violation and Suspension

Result

P.P., under a 3 year IID program after an OUI conviction, was alleged to have committed over two dozen violations involving his IID. The defense team meticulously gathered evidence, analyzing maintenance logs, interviewing witnesses, and arguing the case. Successfully explaining all but two violations as machine errors, the Hearings Examiner granted the client’s petition for reinstatement. With nearly 20 months left in the IID program, this victory spared the client from severe restrictions on travel, preventing potential business closures. This success is notable, possibly marking the first successful IID violation defense in southern Maine.
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State v. CR

Charge

OUI Refusal

Result

A late-night traffic stop led to OUI charges for our client, who was seen leaving a bar. Despite the court upholding the stop, we focused on the deputy’s actions during the BMV hearing. Under cross-examination, the deputy admitted the client performed well on field sobriety tests but cited HGN and other test clues for probable cause. The refusal claim was debunked, as the client had requested a blood test. The BMV granted dismissal, deeming it not a true refusal. At trial, we emphasized fairness and innocence, highlighting the client’s willingness for a blood test. The jury, deliberating briefly, returned a swift NOT GUILTY verdict.
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State v. RD

Charge

OUI .11%

Result

Client, facing OUI charges, revealed significant medical issues during a traffic stop. Despite being blind in one eye, recovering from double-knee surgery, having an inner ear disorder, and being on medications, the officer insisted on field sobriety tests. In a BMV hearing, we exposed the officer’s failure to exercise discretion in administering physical roadside tests. The BMV examiner granted a motion to dismiss for lack of probable cause. Subsequently, a Motion to Suppress was successful, and the judge promptly granted it, leading to the immediate dismissal of the OUI charge. The officer’s inflexible stance on testing proved crucial in dismantling the case.
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State v. JR

Charge

OUI with Blood Test

Result

Our client faced OUI charges after being wrongly stopped for alleged high beam use. Despite a legitimate basis for the stop, we contested the case at every phase. In the BMV hearing, positive observations about sobriety and the officer’s admission of improperly administered HGN test led to rescinding the suspension. The DA refused negotiation, relying on a questionable .16% BAC result. During the trial, cross-examination revealed unreliable testing methods and errors in blood samples. The jury, swayed by lack of scientific rigor and officer’s observations of sobriety, returned a NOT GUILTY verdict, highlighting the case’s flawed evidence and methodology.
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State v. EG

Charge

OUI Refusal

Result

Our out-of-state client faced OUI charges in Maine after a long workday with minimal sleep. He drank three beers, attributing any appearance of intoxication to exhaustion rather than alcohol. Case went to trial on the theory that what the officer observed and mistook for intoxication was actually exhaustion. The client’s credible testimony about his exhausting day resonated with the jury. The officer in this case was experienced but wilted under a lengthy cross-examination that focused on poorly administered and scored field sobriety tests as well as issues that he failed to notate in his report that pointed towards actual innocence and sobriety. The jury delivered a verdict of NOT GUILTY.
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State v. BA

Charge

OUI Refusal

Result

In this OUI case, our client faced both a BMV hearing and a trial. We challenged the arresting officer’s lack of knowledge regarding key facts of the case during the BMV hearing, resulting in the rescinding of a 275-day suspension. Building on this success, we took the same theory to trial, emphasizing the officer’s poor administration of field sobriety tests to the NHTSA standard. A key component for the not guilty verdict was the initial work and cross examination of the officer done at the previous BMV hearing. The jury delivered a NOT GUILTY verdict, highlighting the importance of employing thorough defense strategies at different stages of the legal process.
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State v. J.G.

Charge

The Client was charged an OUI Refusal with a maximum Penalty of 364 days in jail, 14-month loss of license (including 275-day BMV suspension), & a $2,000 fine.

Result

Tom was able to get the OUI Refusal dismissed and a plea of guilty to one count of Driving to Endanger for a $575 fine and 30-day loss of license.  Our client’s time suspended while awaiting his BMV Hearing was credited toward the 30 days.
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State v. J.N.

Charge

The Client was charged with 5 Counts of Class A Aggravated Trafficking in Scheduled Drugs, 1 Count of Class B Unlawful Trafficking of Scheduled Drugs.

Result

Tom was able to obtain a dismissal of all Class A and Class B charges as well as changing a guilty plea to a single count of Class C Unlawful Furnishing of Scheduled Drugs for a jail sentence of 6 months and 20 days with full credit for all time served (time-served = 6 months and 20 days in the county jail). $400 fine.
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State v. A.M.

Charge

The client was charged with an OUI Refusal that has a maximum penalty of 364 days in jail, 14-month loss of license (including 275-day BMV suspension), & $2,000 fine.

Result

The jury deliberated for just 15 minutes, and returned a verdict of not guilty. 
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