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STATE v. K.C.

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STATE v. K.C.

Charge:  OUI (.14%)

Mandatory Minimum Penalty:  $500.00 fine; 150 day loss of license

Maximum Penalty:  $2,000.00 fine; 150 day loss of license; 364 days jail

Summary:  Client was stopped for speeding and weaving within her lane.  Client admitted to consuming alcohol earlier in the evening and exhibited signs of impairment.  Client performed poorly on the field sobriety tests and was arrested for OUI.  During the breath test, 2 error messages appeared, one of which was a .xxx result.

Result:  Due in large part to the officer’s failure to restart the 15 minute wait period after experiencing a .xxx error message, the DA agreed that the test would likely be inadmissible.  As a result, the OUI was dismissed and my client took a plea to Driving to Endanger for a fine of $1,000.00 and a 30 day loss of license.

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