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State v. K.B.

Offense: OUI

Mandatory Minimum Penalty: $500 fine; 90 day loss of license

Maximum Penalty: 364 days jail; 90 day loss of license; $2,000.00 fine

Summary: Client was on vacation in the Bar Harbor area enjoying the sites with her husband when she was pulled over for suspicion of OUI.  Client, an older woman, was asked to perform field sobriety tests and according to the officer, performed poorly.  Client was arrested on suspicion of OUI and brought to the local police department where a breath test was administered.  Client blew over the legal limit and was charged with OUI.

Result:  We fought this charge tooth and nail.  First, we successfully argued that statements the client made while in custody should have triggered Miranda protections.  Since she wasn’t Mirandized, the damaging statements she made were excluded.  Second, as a result of our successful hearing on the motion to suppress and our willingness to try tough cases, the DA broke down and offered a plea to Driving to Endanger, which the client accepted.  Because the client was from out of state, an OUI conviction would have triggered a 6 month loss of license in her home state.  She avoided those dire consequences through the skillful negotiation and tenacious defense performed by Attorney Bly.

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