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Home > Criminal Defense > STATE v. N.B.


Charges: 2 counts of Class “C” Criminal Mischief (felonies), 1 count of OUI Refusal

Maximum Penalty: 5 years on each felony, 364 days jail on the OUI

Mandatory Minimum Penalty: 4 days jail; $700 fine; 1 year loss of license (275 days for the Refusal and 90 days for a conviction for OUI)

Summary: In a case that made regional news as far south as Boston, MA, my client was accused of OUI, texting while driving and 2 counts of felony criminal mischief.  The client crashed into two York Police cruisers that ironically, were parked on the side of the road and conducting an unrelated OUI investigation.  Client was asked to perform field sobriety tests (which the client failed) and the client was ultimately arrested for suspicion of OUI.  The client was brought to a local hospital where a blood test was administered.  The client’s blood test was well above the legal limit.

Result: Both felonies were dismissed in return for restitution payments to the York PD and client pled guilty to a straight OUI with no jail.  We won the BMV hearing so the 275 day suspension did not apply and client lost his license for a total of 90 days.  The case hinged on the state’s ability to prove the OUI and Refusal as the hospital blood test was inadmissible.  Since the client agreed to allow the police to retrieve his medical records (which contained a hospital blood test result), the case did not warrant a refusal.  Client was a medical professional and a felony conviction would have ended the client’s career.  Needless to say, the Client was pleased with the end result and thankfully, no one was injured in the crash that destroyed the two police cruisers.

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