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STATE V. C.M.

Offense: OUI

Maximum Sentence: 364 days jail, 270 day loss of license, $2,000.00 fine

Mandatory Minimum Sentence: 48 hours jail, 270 day loss of license, $500 fine

Synopsis: Client was stopped for erratic operation of his car. Officer relied on the erratic operation as part of his stop. Upon stopping the client, the officer learned that the client was under the age of 21 years old. The remainer of the investigation was solid and the client was arrested for OUI.

Result: We argued to the DA that the erratic operation was not apparent from the video and that there was no basis for the stop. The DA was sympathetic to the client’s age and lack of criminal record and ultimately agreed to impose the lesser charge of Driving to Endanger in return for a fine of $750.00, a license suspension of 30 days and attendance at the Alternative Sentencing Program for 48 hours.

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