Offense: OUI with an elevated breath test result (.19%)
Maximum Penalty: 364 days jail, 90 day (or greater) loss of license, $2,000.00 fine
Synopsis: Client was involved in a single car accident where the driver of the vehicle rolled the truck. When witnesses responded to the scene, only the client was in the vehicle and he was struggling with his seatbelt in the passenger seat. The client, a police officer, denied driving the truck and refused to say who was driving that night. Client refused to perform any field sobriety tests and was brought to the PD for a breath test where he blew a .19%
Result: Client pled guilty to a non-driving offense for a $1,000.00 fine and no license suspension. Prior to the plea, a hearing was held on our motion to exclude the breath test as unreliable. The judge granted the motion and ordered that the breath test be excluded. This gave us a great deal of leverage in negotiations and the resulting plea agreement was reached the day before jury selection.
