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State v. C.V.

Charge: 2nd Offense OUI (.14% BrAC)

Maximum Penalty: 364 days jail; $2,000.00 fine; 3 year loss of license

Mandatory Minimum Penalty: 7 days jail; $700.00 fine; 3 year loss of license

Summary: Client was a single parent with a new job. A conviction or BMV suspension of client’s license would result in the loss of job and inability to provide for client’s child. While going out to the corner store, client missed a turn and drove the car into a ditch. Unable to get the car out of the ditch, client called AAA for help. By the time AAA arrived, so did the local police. Client performed poorly on field sobriety tests and ultimately was arrested for a 2nd Offense OUI. Client blew a .14% BrAC.

During case preparation, we discovered problems with the administration of the breath test. We developed our theory of the case through cross examination of the officer at the BMV hearing. The hearing’s examiner dismissed the case due to the breath testing issues. As a result, the DA agreed to a deferred disposition on the 2nd Offense OUI where the end result would be a dismissal of the OUI and a plea of guilty to Driving to Endanger for the mandatory minimum penalties.

Result: Deferred Disposition with a Driving to Endanger charge at the end.

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