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STATE v. M.C.

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STATE v. M.C.

Charge: OUI

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

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

Summary: Client was stopped for speeding.  While speaking with the client, the police officer noticed that the client had “booze” on his breath and that his movements appeared to be slow and deliberate.  Officer also indicated the client had slurred speech.  The client was put through some field sobriety tests and ultimately, arrested for suspicion of OUI.  Client blew a .10% BrAC back at the station.

Result: The client was applying for US citizenship and this case was keeping him from doing so.  The client was concerned that a conviction would result in a denial of his citizenship application and since he was recently married and had a good job here in the states, he couldn’t afford to see that fall apart.  While reviewing the police video that was provided to me by the DA, I learned that the waiting period was improperly performed.  DA agreed that the case could not proceed to trial.  OUI was dismissed in exchange for a traffic ticket for failure to maintain lane.

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