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

STATE v. R.O.

Offense:  OUI (.15%)

Mandatory Minimum Penalty: 150 days suspension of driving privileges; 48 hours jail; $500 fine

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

Summary:  Client was stopped for allegedly running over a curb and sidewalk in the presence of local law enforcement.  Local police were conducting a DUI roadblock in a central Maine town and as a result of the client’s driving maneuver, conducted an OUI investigation.  Client was ultimately arrested on suspicion of OUI and brought to the PD for a breath test where client blew a .15%.

Result:  Following a successful motion to suppress evidence, the court found that there was no probable cause for arrest.  Therefore, all evidence of a breath test and all evidence following my client’s arrest was tossed out by the presiding judge.  The DA filed a dismissal of the charge and the client can now breathe easier as he no longer has to worry about the possibility of a criminal record.

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