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STATE v. K.M. pt.2

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STATE v. K.M. pt.2

Offense: Operating After Suspension for an OUI Offense

Mandatory Minimum Penalty: 7 days jail; $1,000.00 fine; 1 year loss of license consecutive to the underlying suspension

Maximum Penalty: 364 days jail; $2,000.00 fine; 1 year loss of license consecutive to the underlying suspension

Summary: Defendant was stopped strictly on the basis that his DL was under suspension. Prior to getting this law firm involved, the Defendant (age 16) was administratively suspended for an OUI refusal for a period of 9 months. The Defendant was unaware of the suspension due in large part that his mother didn’t understand the suspension notice and didn’t share the information with her son. Sadly, the defendant was blissfully unaware of the suspension when he was caught driving.

Result: Filed for a period of one (1) year with the end result being a full dismissal of the charge. The DA knew that no jury would convict a 16 year old kid based on his mother’s failure to comprehend and notify the young boy of the suspension.

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