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Home > Criminal Defense > STATE v. D.W.


Offense: Refusing to Submit to Arrest; Criminal Mischief; OUI Refusal

Mandatory Minimum Penalty: 4 days jail; $700 fine; 1 year loss of license

Maximum Penalty: 2.5 years jail; $5,000.00 fine; 1+ year loss of license

Summary: Client was stopped for driving a motor home in an erratic manner.  Another motorist reported the client for driving drunk.  Cop who stopped client was familiar with client due to previous incidents involving client.  Client felt he was being unfairly targeted by cop and ultimately had to be pepper sprayed in order to comply with the cop’s instructions.  Client kicked out the radar unit in cop’s car out of anger.  Client was brought to the jail where cop indicated he gave client an opportunity to take a breath test and the client refused to comply.

Result: On the day of trial and immediately prior to the jury being brought in to begin the case, the DA realized that the cop may have lied on his affidavit as it was clear from the jail video that he never read my client implied consent.  We were aware of this fatal flaw in the case and were prepared to hoist the cop from the “yard arm” during a carefully constructed and brutal cross-examination of the officer, which was designed to destroy his credibility.  Needless to say, the case did not proceed to trial and it was settled for a plea to Driving to Endanger for a fine of $575 and a plea to the Criminal Mischief charge for restitution in the amount of $45.  The refusing to submit to arrest and OUI charges were dismissed.  Client was very happy.

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