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STATE v. C.B.

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STATE v. C.B.

Offense: OUI Refusal

Maximum Sentence: 364 days jail, 1 year loss of license, $2,000.00 fine

Mandatory Minimum Sentence: 4 days jail, 1 year loss of license, $700 fine

Synopsis: Client’s vehicle was reported in a hit and run incident in another state. Local law enforcement had a plate number and ultimately traced the plate number back to the client’s home. Client was visibly intoxicated and an investigation ensued. Client performed poorly on all of the field sobriety tests, admitted to consuming alcohol but denied recent consumption and admitted to driving the vehicle. The client was ultimately arrested for suspicion of OUI and given an opportunity for a breath test. Client attempted to submit a breath sample but there were problems with the machine. Client ultimately refused to submit to a blood test.

Result: State agreed to dismiss the refusal and client pled guilty to a non-aggravated OUI. Client avoided jail time and no alternative sentencing provision was imposed.

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