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State v. D.C.

Offense: 2nd offense OUI

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

Mandatory Minimum Sentence: 7 days jail, 3 year loss of license, $700.00 fine

Synopsis: Client was stopped on an 80cc dirt bike while attempting to cross the road in his local town. The reason for the stop was that there weren’t any “marked trails” within 500 yards of where the client was operating his dirt bike. The client performed field sobriety tests and was arrested for suspicion of OUI. He blew a .13% and was taken to jail where he posted bail.

Result: We filed a motion to suppress all evidence obtained in violation of my client’s constitutional rights. Specifically, we argued that no “reasonable articulable suspicion” existed for the stop. The judge agreed and all evidence from the time of stop was suppressed, which resulted in a dismissal of the charge.

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