Charge: Â OUI (.16%)
Summary: Â Client had driven all the way to Maine from Pennsylvania with little to no sleep and was physically exhausted. Â Client stopped at a rest area in southern Maine where the client cracked open to Bud Lite beers in order to hydrate while he / she had a quick bite to eat. Â On the way to client’s ultimate destination, a “concerned citizen” called 911 and reported that the client was driving in an erratic. Â The “concerned citizen” followed my client to his / her hotel and gave local law enforcement a complete description of my client’s car. Â The police showed up shortly thereafter and began an OUI investigation that resulted in my client being arrested for OUI. Â Client was brought back to the PD for a breath test where he / she registered a .17% BrAC result.
Mandatory Minimum Penalty: Â 48 hours jail; $500.00 fine; 150 day loss of license
Maximum Penalty: Â 364 days jail; $2,000.00 fine; 7 month loss of license
Result:  Prior to the dispositional conference we’d been asking for discovery that was missing from the file.  We never received the missing discovery, which included the 911 tapes.  I successfully leveraged that failure to provide us with discovery into a dismissal of the OUI charge and a plea of guilty to Driving to Endanger for a 30 day loss of license and $575.00 fine.  Pennsylvania doesn’t have a DTE statute so the client’s PA DL was never suspended.
