Charges: OUI (.20%)
Mandatory Minimum Penalty: 48 hours jail, 150-day loss of license, $500.00 fine
Maximum Penalty: 364 days jail, 150-day loss of license, $2,000.00 fine
Summary: The client was at a closed rest area “relieving himself” in open view of the roadway. A local police officer observed my client “relieving himself” and determined that he was able to observe my client’s genitalia in full view. The officer pulled into the closed parking lot and my client, who by now had zipped up and was back in his car, attempted to depart. The put his blues on and conducted a traffic stop. Ultimately, my client was found to be under the influence and was arrested for suspicion of OUI. He was given a breath test where he blew a .20% BrAC, which was 2.5x the legal limit.
Result: We offered to resolve the case with a Driving to Endanger conviction in return for a dismissal of the OUI charge. The DA refused and felt fairly confident that he would win on a hearing to suppress evidence obtained from the stop. Fortunately for my client, we conducted a hearing on the issue of the legality of the stop and the judge agreed with my argument that it was an illegal stop and there was no evidence of criminal activity that would justify the stop. CASE DISMISSED!
