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Cases Category: Traffic Charges

State v. A.G.

Charge

OUI Refusal (Class D), Reckless Conduct with a Deadly Weapon (Class C felony)

Result

OUI Refusal and felony Reckless Conduct with a Deadly Weapon dismissed. Client pled guilty to Driving to Endanger for a fine of $575.00 and a 30 day suspension of the client’s license. No suspension through the BMV.
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STATE v. E.Dp.

Charge

Passing a Stopped School Bus

Result

Client was at his / her son’s school waiting to pick the child up.  There were school buses stopped in the parking lot with their lights flashing.  A car behind him / her was honking its horn and startled my client who pulled forward, past the school buses.  A local police officer observed my client pass the school buses in the parking lot and summonsed him / her for the offense.  The State agreed to file the case for 6 months with a dismissal at the end and a filing fee of $100.00.
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STATE v. A.D.

Charge

Operating Beyond License Restriction

Result

Case filed without costs for 6 months with a dismissal at the end of the filing period.
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STATE v. C.R.

Charge

Operating After Suspension (OAS)

Result

Due in large part to my relationship with the DA on the case, I was able to convince the DA to place my client on deferred disposition in return for the completion of a substantial amount of community service and completion of a defensive driver program.  The case was ultimately dismissed and the client avoided being classified as a Habitual Offender by the State of Maine.
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STATE v. K.A.

Charge

Criminal Speeding

Result

Working against the client was his/her horrendous driver history.  Client had been suspended as an Habitual Offender two separate times during his/her lengthy motor vehicle history.  The driver history was littered with numerous violations, most of which included speeding infractions and operating after suspension.  Thankfully, we had a sympathetic DA who agreed that while my client’s driver history was bad, he/she had remained out of trouble for the past 3 years but if he/she was convicted, the client would be suspended for another 3 years as an habitual offender and would lose his/her job, which he/she had been at for a number of years.  We were able to work out a deal that required my client to surrender himself/herself to the jail for 48 hours in exchange for a dismissal of the criminal speed charge and an admission to speeding 29mph over the speed limit.  This arrangement kept my client from being classified as an habitual offender for the 3rd time, which would have resulted in another lengthy suspension and a loss of his/her job.  My client was thrilled with this arrangement and has promised to turn over a new leaf now that he/she has been given a golden opportunity to turn things around.
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STATE v. J.L.

Charge

Criminal Speed (107mph)

Result

DA agreed to dismiss the case after 12 months pending completion of a defensive driver’s course.  In Maine, judges are routinely ordering a minimum of 72 hours jail in cases where people break the 100mph speed barrier.  In this case, the DA was sympathetic to my client who had recently suffered from a severe head injury and was unaware of his/her speed.  Client had also been driving for nearly 20 straight hours and was extremely fatigued.  While not an excuse for the driving behavior, it was enough to establish a starting point for conversation that ultimately would lead to a dismissal.
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STATE v. C.M. – Driving to Endanger

Charge

Leaving the Scene of an Accident (x2); Reckless Conduct; Driving to Endanger

Result

This case boiled down to one simple but difficulty to obtain goal and that was to minimize the damage and avoid any criminal convictions for Reckless Conduct and Driving to Endanger.  During a lengthy negotiation with the DA, we shared photos of the client’s vehicle and the “victim’s” vehicle to demonstrate that the damage alleged couldn’t have been caused by my client’s car.  Ultimately, I was able to convince the DA to dismiss all of the charges in return for a plea of no contest to a single count of leaving the scene of an accident.  This ensured my client wouldn’t be liable for any damages to the vehicles based on a guilty plea (which we avoided).  Client was fined $250.00.
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STATE v. H.F.

Charge

OUI & Leaving the Scene of an Accident

Result

During the wait period portion of the breath test, client vomited 3 separate times and the officer failed to reinspect the client’s mouth.  Officer testified to this information at the BMV, which provided us with a basis to get the breath test excluded fort both the BMV hearing and the criminal case.  As a direct result of our efforts, the OUI and Leaving the Scene of an Accident were dismissed in return for a plea to Driving to Endanger for a fine of $800.00 and a license suspension of 30 days.
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BMV v. H.F.

Charge

OUI & Leaving the Scene of an Accident

Result

I cross-examined the arresting officer who admitted that he couldn’t recall if he re-checked my client’s mouth every time after he threw up and rinsed the vomit out.  As a result, the BMV rescinded the suspension based on the failure to recheck my client’s mouth.  My client was extremely pleased with the result.
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