Case Results

207-571-8146

STATE v. A.O.

Breaking 20ball 20and 20chain

Charges:  OUI (.20%)

Mandatory Minimum Penalty:  48 hours jail, 150 day loss of license, $500.00 fine

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

Summary:  Client was at a closed rest area "relieving himself" in open view of the roadway.  A local police officer observed my client "relieving himself" and determined that he was able to observe my client's genitalia in full view.  The officer pulled into the closed parking lot and my client, who by now had zipped up and was back in his car, attempted to depart.  The put his blues on and conducted a traffic stop.  Ultimately, my client was found to be under the influence and was arrested for suspicion of OUI.  He was given a breath test where he blew a .20% BrAC, which was 2.5x the legal limit.

Result:  We offered to resolve the case with a Driving to Endanger conviction in return for a dismissal of the OUI charge.  The DA refused and felt fairly confident that he would win on a hearing to suppress evidence obtained from the stop.  Fortunately for my client, we conducted a hearing on the issue of the legality of the stop and the judge agreed with my argument that it was an illegal stop and there was no evidence of criminal activity that would justify the stop.  CASE DISMISSED!

William bly

William Bly

William T. Bly, Esq. is a graduate of Rutgers College where he majored in Political Science with a minor in U.S. History. Attorney Bly attended and graduated the University of Maine School of Law. During his time in law school, Attorney Bly focused on criminal defense.

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