Charge: OUI (.11%)
Summary: Client had been vacationing in Maine on his / her motorcycle. Client stopped at a local bar for a beer and a bite to eat. Client went to leave the establishment on his / her motorcycle and “dropped” the bike. While trying to get the motorcycle back up, the client was splashed with fuel, which was leaking from the tank. By the time the police arrived, the client was covered in gasoline and smelled like a gas pump. Officers suspected the client was under the influence of alcohol and asked him / her to perform field sobriety tests. Client failed the tests miserably and was arrested for OUI. Client tested a .11% BrAC back at the station.
Maximum Penalty: 364 days jail; $2,000.00 fine; 7 month loss of license
Result: Because the client’s clothing was saturated in gasoline, the Intoxilyzer 8000 kept registering errors. The arresting officer did not follow proper protocols to ensure that the gasoline fumes dissipated from the room and as a result, I was able to convince the DA to dismiss the OUI charge. My client pled guilty to Driving to Endanger for a fine of $575.00 and a 30 day loss of license. Because my client was from Texas and Texas doesn’t recognize Maine’s DTE statute, my client’s TX DL was never suspended by Texas. Client worked for the Texas State Penitentiary system and a conviction would have been catastrophic for his / her career.
