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State v. A.M.

Offense: 2nd Offense OUI, .17%

Maximum Sentence: 364 days jail, 3 year loss of license, $2,000.00 fine

Mandatory Minimum Sentence: 7 days jail, 3 year loss of license, $700.00 fine

Synopsis: Client had pulled to the side of the road when an officer pulled up behind her with his blue lights on. Officer stated he was concerned for client’s safety and he was checking on her well-being. Client was ulitmately arrested and charged with a 2nd offense OUI after blowing more than double the legal limit.

Result: Client agreed to plea guilty to the OUI in return for the State striking the prior conviction language, which resulted in a 1st offense sentence to the following: NO jail, 90 day loss of license and $500.00 fine. The reason for this outcome was due in large part to a strong argument that my client’s rights were violated as a result of the officer’s actions, ie, that he had no right to prevent her movements by putting his blue lights on while behind her. Due to the uncertainty of the outcome on a motion to suppress all evidence, both sides agreed to the negotiated outcome.

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