Case Results

Prior to officers giving their testimony at the hearing, DA offered client a Deferred Disposition with the end result being a dismissal of the OUI & Violation of License Restriction charges in return for a guilty plea to Driving to Endanger.

We were set to pick a jury but earlier that morning, we were conducting a BMV hearing.  At the hearing, the officer admitted under cross-examination that he turned his back on my client while performing the wait period and that he didn’t keep him under constant observation.  The officer further admitted that he didn’t understand why there was an error message on the machine or what remedial actions to take in order to ensure the breath test was properly performed.  As a result, the BMV suspension was dismissed on the spot.  We then headed over to jury selection.  The officer informed the DA of what had transpired earlier that morning.  As a result, the DA dismissed the OUI and Operating after Suspension in return for pleas of guilty to Violating Bail Conditions and Violation of a License Restriction.  This saved my client a 3 year loss of license as well as a lengthy term of imprisonment based on the client’s lengthy history of alcohol abuse.

After an exhausting investigation of the actions and procedures used by the police during the stop and the arrest, we were able to negotiate an acceptable outcome for our client.  The prosecutor dismissed the OUI charge and our client entered a plea of guilty to the violation charge.  He served 7 days in jail, paid a $200.00 fine, and can apply for a work permit upon his release.  He is happy that he can continue to earn a living.