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Home > STATE v. J.B.


Offense: 2nd Offense OUI Refusal

Maximum Penalty: 364 days jail; $2,000.00 fine; 18 months suspension of Driving Privileges

Mandatory Minimum Penalty: 45 month loss of license; 12 days jail; $700 fine

Synopsis: BMV hearing held where the facts indicated that the client crashed into two separate cars during a drive home.  Witnesses observed the client run from his car after the second accident and those witnesses followed the client to his home.  The Police were called and confronted my client about the accidents and his drinking.  An OUI investigation was conducted and the client was subsequently arrested.

Result: The BMV hearing was held and the officer testified that the client attempted to provide a test at least 2 times.  However, those breath test attempts were not reflected on the refusal certificate.  The officer had no explanation for the missing breath test results.  Due to the discrepancies and the officer’s testimony under cross-examination, the Hearings Officer dismissed the case and the suspension was rescinded.

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