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Cases Category: OUI, DUI, and DWI

STATE v. C.S.

Charge

OUI (drugs)

Result

Client suffered from numerous maladies and ailments, including severe spinal issues that required the daily use of pain medications.  Client was subjected to numerous field sobriety tests that in light of client’s condition, were completely inappropriate.  As a result of negotiations with the DA, an agreement was reached for a dismissal of the OUI charge and client pled guilty to Driving to Endanger for a fine of $575.00 and a 30 day loss of license.
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STATE v. C.M. – Aggravated OUI / DUI

Charge

Aggravated OUI

Result

We picked a jury and on the day of jury trial, a void dire of my expert was undertaken by both sides.  After the void dire, my client was offered a deferred disposition on an OUI with a drop down to a DTE, which he accepted.  Because my client held a CDL, he couldn’t risk a 1 year loss of license on an OUI conviction for his CDL.
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STATE v. D.W.

Charge

Refusing to Submit to Arrest; Criminal Mischief; OUI Refusal

Result

On the day of trial and immediately prior to the jury being brought in to begin the case, the DA realized that the cop may have lied on his affidavit as it was clear from the jail video that he never read my client implied consent.  We were aware of this fatal flaw in the case and were prepared to hoist the cop from the “yard arm” during a carefully constructed and brutal cross-examination of the officer, which was designed to destroy his credibility.  Needless to say, the case did not proceed to trial and it was settled for a plea to Driving to Endanger for a fine of $575 and a plea to the Criminal Mischief charge for restitution in the amount of $45.  The refusing to submit to arrest and OUI charges were dismissed.  Client was very happy.
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STATE v. M.H.

Charge

Aggravated Domestic Violence Assault (Class “B” felony)

Result

Client insisted he was innocent and submitted to a polygraph conducted by our polygrapher.  In addition to passing the polygraph with flying colors, our PI interviewed other witnesses who the police chose not to interview or missed during their initial investigation.  Client’s polygraph results as well as witness statements that greatly diverged from the victim’s version of the events allowed for a more free-flowing discussion with the DA about the case.  Ultimately, the DA invited my client to testify before the Grand Jury, which returned a “no-bill of indictment”.  As a result, the charges against my client were dismissed.  This is one of those cases where we had a DA who was willing to hear my client’s side of story and allowed the Grand Jury to hear his testimony, which resulted in the “no-bill” finding.  Were it not for the DA’s willingness to listen to my client and the invitation to testify, this case may have turned out differently and an innocent man could have been convicted of a crime he didn’t commit.
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STATE v. JON DOE

Charge

5th offense OUI in 10 years

Result

 I was able to negotiate the case from a 5th offense felony down to a 2nd offense misdemeanor in return for a jail sentence of 10 days and a license suspension of 3 years.  The client avoided what would likely have been a prison sentence measured in years instead of months as well as the lengthy suspension.
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STATE v. A.J. – OUI / DUI Refusal

Charge

OUI Refusal

Result

Prior to jury selection, the DA agreed to drop the charge to Driving to Endanger for a 30 day loss of license and a fine of $1,000.00.  Client was extremely pleased to avoid jail time and a lengthy license suspension.
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