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State v. B.E.

Offense: .17% OUI

Maximum Sentence: 364 days jail, 90 day loss of license, $2,000.00 fine

Mandatory Minimum Sentence: 48 hours jail, 90 day loss of license, $500 fine

Synopsis: Client was stopped for allegedly speeding. No erratic operation was observed. Officer testified that as part of his practice, he turns off the video camera prior to starting his shift. Officer had some credibility issues during testimony at a motion to suppress hearing.

Result: The DA’s Office was unable to provide us with a copy of the Intoxilyzer room video as requested back in 2012. As a result of their failure to preserve said evidence, the judge agreed that the Intoxilyzer result would have to be excluded. DA agreed to dismiss the OUI charge in return for a plea of guilty to Driving to Endanger for a 30 day license suspension and a fine of $750. Client was extremely relieved as an OUI conviction would have affected his employment.

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