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Home > OUI, DUI, and DWI > STATE v. J.D.

STATE v. J.D.

Charges: OUI Refusal

Mandatory Minimum Penalty: 4 days jail; 275 day suspension + 150 day suspension = 14 months loss of license; $700 fine

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

Summary: Client was stopped for inoperable plate lights.  Officer smelled alcohol on the client’s breath and the client admitted to consuming alcohol.  Officer had the client step out to perform field sobriety tests.  The client performed poorly and was arrested for OUI.  The client refused to submit to a breath test.

Result:  OUI Refusal dismissed at docket call and the client pled guilty to Driving to Endanger for a fine of $1,000.00 and a 30-day loss of license.  We had a strong motion to suppress evidence tee’d up based on no RAS for the field sobriety tests.  In addition, there were some discovery violations that we were able to press to our advantage during our negotiations.  Those were the primary reasons for the dismissal of the OUI refusal charge.

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