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Home > STATE v. S.M.

STATE v. S.M.

Offense: OUI (.29%) & Endangering the Welfare of a Child

Maximum Sentence: 364 days jail, six year loss of license, $2,000.00 fine

Mandatory Minimum Sentence: 48 hours jail, 270 day loss of license, $500 fine

Synopsis: Client was driving her child home after a long day on the lake with family when a concerned citizen called her car in as a possible drunk driver. The client was stopped by the Maine State Police on the Turnpike where the trooper witnessed what he believed to be imparied driving. The client was given sobriety tests and performed poorly on those tests. The client was then arrested and administered a breath test where she blew a .29% BrAC, which was nearly 4x the legal limit.

Result: In return for a plea of guilty to the OUI, the Endangering the Welfare of a Child charge was dismissed. The client was ordered to pay a fine of $2,000.00, a license suspension of 90 days was imposed and the client was required to attend the Alternative Sentencing Program. Considering the facts in the case as well as the high breath test and that the client had a child in the car, this was an excellent outcome.

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