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State v. D.W.

Offense: OUI with a person under the age of 16 years old
Maximum Sentence: 364 days jail with a mandatory minimum 48 hours jail, mandatory minimum 365 day loss of license and a $500 fine

Synopsis: Client was speeding along a desolate back country road late at night when he was stopped for exceeding the speed limit. There were no drunk driving cues observed by the officer and the only possible evidence of impairment was bloodshot eyes, the odor of alcohol and admission to consuming alcohol. Client was given sobriety tests and arrested for OUI with a minor in the vehicle.

Result: On the day that the suppression hearing was to be held, the DA and I discussed the case. After arguing the finer points of law, the DA agreed that this case was a close call and agreed to dismiss the OUI charge in return for a guilty plea to Driving to Endanger with NO jail and a 30 day loss of license. The client was thrilled with the outcome.

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