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STATE v. R.M.

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STATE v. R.M.

Charge: OUI (.20% BrAC)

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

Maximum Penalty: 364 days jail; $2,000.00 fine; 150 day loss of license

Summary: Client was reported as driving erratically by a concerned citizen. Citizen gave a complete description of the car, including make, model and plate number. Officer stopped the car without seeing any erratic operation. Ultimately, client performed poorly on the field sobriety tests and was arrested for OUI. Client blew a .20% BrAC.

Result: We successfully argued that reasonable articulable suspicion for the stop was not present and brought the case before the court for hearing. Immediately prior to the hearing, my client was given a deferred disposition with a drop down to a Driving to Endanger after successful completion of the deferment period for nine (9) months. Client was fined $575.00 and client’s license was suspended for a period of 30 days. Client was extremely happy.

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