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STATE v. E.R.

Offense: Civil Possession of Marijuana and OUI

Maximum Sentence: Fine of $400.00 for the marijuana charge and a maximum penalty of 1 year jail and a fine of $2,000.00 on the OUI.

Synopsis: Client was stopped for a speeding infraction and was ultimately arrested on suspicion of OUI. Client’s vehicle was searched incident to arrest. Police relied on the old Belton v. NY rule concerning searches of motor vehicles. At a suppression hearing, the court ruled that the new search rule of Arizona v. Gant controlled, which resulted in suppression of the marijuana.

Result: The marijuana and OUI charges were dismissed and the client pled guilty to Driving to Endanger.

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