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Home > Alcohol Crimes > STATE v. B.M.

STATE v. B.M.

Charge:  OUI (.17%)

Summary:  Client’s significant other dumped him / her, leaving the client in Maine so that the significant other could go back to Texas.  Client had also recently been terminated from a high paying job and was extremely depressed about his / her future as a result of recent developments.  Client began drinking early in the morning and then decided to go for a drive.  Client, who was heavily intoxicated, drove off the road, crashing into a ditch.  Client continued to drink while waiting for a tow truck to arrive.  Shortly after the tow truck arrived, local law enforcement came on scene and arrested the client for OUI.  Client tested a .17% back at the station.

Mandatory Minimum Penalty:  48 hours jail; $500.00 fine; 150 day loss of license

Maximum Penalty:  364 days jail; $2,000.00 fine; 7 month loss of license

Result:  Ultimately, the DA agreed to dismiss the OUI due to lack of evidence of driving under the influence.  I successfully argued that the lack of admissions to driving after drinking, coupled with numerous bottles of alcohol found at the scene, would make it impossible to prove at trial.  The DA agreed and my client walked out of court without a criminal record.

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