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STATE v. J.St.

Charges: Felony OUI (3rd offense)

Mandatory Minimum Penalty:  30 days jail; 6-year loss of license; $1,000.00 fine

Maximum Penalty:  5 years prison; 6 years loss of license; $5,000.00 fine

Summary: The client was at his/her apartment when an argument broke out between his/her brother and the brother’s girlfriend.  The client left on his/her motorcycle after the police had been called due to a noise complaint.  The client came back to the house shortly after the police arrived.  When the client pulled into his/her spot, the police confronted the client and ordered the client to shut off the motorcycle and get off the bike.  The client, who was on federal probation, ultimately submitted to field sobriety tests and failed, which resulted in his/her arrest.  The client blew a .19% BrAC, which was more than double the legal limit.

Result:  We presented the DA with an excellent legal argument that the seizure of my client’s person was unsupported by any reasonable suspicion of criminal activity and was a violation of my client’s constitutional rights.  The day before the case was set to be heard by a superior court justice, the DA and I fashioned an agreement that resulted in the felony OUI charge being dismissed and my client pled guilty to a single count of Operating Beyond License Restriction for a fine of $500.00.  My client avoided the felony conviction as well as a 6-year loss of license.  My client was very pleased.

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