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Home > OUI, DUI, and DWI > STATE v. R.M.


Charge: Leaving the Scene of an Accident (personal injury) and OUI (.28% BrAC)

Mandatory Minimum Penalty: 48 hours jail; $500 fine; 150-day loss of license

Maximum Penalty: 364 days jail; $3,000.00 fine; 150-day loss of license

Summary: Client was involved in a hit-and-run accident.  The client fled the scene and raced to his summer home where he was confronted by local security and members of the Maine State Police.  The client appeared to be heavily intoxicated on the cruiser videos provided and even got belligerent with the arresting police officer.  Client blew a .28%, which is 3 1/2 times the legal limit.

Result: The client initially retained another attorney to represent him.  The client’s first attorney told him that there wasn’t much he could do to help and that the DA was seeking (and likely to get) 30 days jail for the hit-and-run and OUI charges. The client was terrified of the prospect of jail and ended up retaining my services.  We did an extensive interview with the client and reviewed his medical records, where it was determined that not only had my client been diagnosed with hyperglycemia 6 days prior to the OUI, based on his glucose levels, he was diabetic.  We suggested a meeting with an endocrinologist for the purpose of evaluating the client and diagnosing him with diabetes.  We then got a forensic chemist involved who reviewed my client’s medical records and agreed with our defense that the client was likely in a state of hyperglycemia at the time of the accident and not actually intoxicated by the alcohol consumed.  The elevated breath test was due to the ketones on his breath, combined with the minimal amount of alcohol consumed earlier in the day.  Ultimately, we were able to negotiate a no-jail OUI plea for my client and the Leaving the Scene of an Accident with Personal Injury was dismissed.  My client was thrilled that the specter of jail was now just a bad memory.

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