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Home > STATE v. M.S.


Offense: OUI with an elevated test.
Maximum Penalty: 364 days jail; 90 day loss of license; $2,000.00 fine.

Mandatory Minimum Penalty: 48 hours jail; 90 day loss of license; $500.00 fine

Synopsis: Client was an officer in the US Navy who was stopped for erratic operation. Client performed poorly on field sobriety tests and exhibited numerous signs of intoxication. Client was arrested and brought to the local PD where a breath test was administered. Client blew well in excess of .15% BrAC; making this a difficult case for resolution.

Result: As an officer in the navy, Client indicated a discharge from the US Navy would occur based on a conviction. Even a lesser offense would require discharge due to the Client’s officer status. An outcome was fashioned where the client would plead guilty to the OUI and be placed on deferred disposition for a period of 2 years. Following the 2 year deferred disposition program, the client will be allowed to withdraw the plea to the OUI and the case will be dismissed. This will result in the client being able to remain in the US Navy as an officer.

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