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STATE v. G.C.

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STATE v. G.C.

Charges:  OUI Refusal

Mandatory Minimum Penalty:  4 days jail; $600 fine; 14-month loss of license

Maximum Penalty:  364 days jail; $2,000.00 fine; 14 month loss of license

Summary: The client had been arguing with his girlfriend and as a result, pulled into a parking lot and let her out of his car.  The girlfriend ran into the store and the client sped off.  This was all in the presence of local law enforcement who took it upon themselves to investigate what they thought as a possible kidnapping.  The client came back shortly and went into the store to speak with his girlfriend.  Instead of asking the girlfriend if she was OK, the police began questioning my client and then detained him outside for additional questioning.  The client was then put through a battery of roadside agility tests, which he performed admirably.  Ultimately, the client became angry with the police for the arrest and refused to take a breath test.

Result:  After intense negotiations with the DA, the OUI Refusal was dismissed in return for a plea of guilty to Driving to Endanger and a fine of $575.00.  The client is from out of state and his license will not be affected by the Driving to Endanger conviction.  Therefore, the client will be able to continue to commute back and forth for work without any negative impact on his home state license.

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