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STATE v. M.P.

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STATE v. M.P.

Charge: OUI (.17% BrAC)

Mandatory Minimum Penalty: 48 hours jail, $500.00 fine, 150 day loss of license

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

Summary: Client was stopped for erratic operation and ultimately arrested and charged with OUI.  Client performed poorly on the field sobriety tests.

Result: We discovered upon review of the Intoxilyzer video that the police officer didn’t conduct a proper 15 minute wait period.  In fact, the officer left the room during the wait period, thus invalidating the test.  As a result, the DA agreed to a deferred disposition for a period of 1 year with the case to be dismissed after one year in return for a plea to Driving to Endanger.  Client was thrilled as we saved the client a 150 day suspension as well as jail time.

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