Charges: OUI Refusal, Aggravated OUI (Class “C” felony), Reckless Conduct with a Deadly Weapon (Class “C” felony), Aggravated Assault (Class “B” felony)
Maximum Penalty: 31 years prison; $32,000.00 fine; 14 month loss of license
Summary: Client was allegedly driving at a high rate of speed (in excess of 70mph) on a winding back road (25mph zone) when he lost control of his car, vaulted an intersecting road and crashed directly into a tree, totaling his car and severely injuring his passenger. The “victim” in the case suffered severe back injuries that required lengthy rehab and treatment to recover from. Client was subsequently investigated and arrested for OUI. Client was brought to the local hospital where he allegedly refused to submit to a blood test.
Result: Local law enforcement did a shoddy investigation and failed to do a proper accident reconstruction in this case. In addition, we had video evidence that supported our assertion that my client wasn’t impaired by alcohol and instead, was suffering from injuries sustained in the accident. We also successfully argued that my client never refused to take a blood test and that the entire case was botched by the investigating officer. As a result of our efforts, we secured dismissals of ALL four original charges. As part of a plea agreement, my client pled guilty to a single count of Reckless Conduct (non-driving misdemeanor offense) and was placed on probation for a period of one (1) year. Client was required to attend the 7 day alternative sentencing program. Client, who’d never even had a speeding ticket, was able to avoid convictions on the felonies as well as the OUI Refusal, resulting in a clean criminal driver history.
