STATE v. J.D.
Charges: OUI Refusal
Mandatory Minimum Penalty: 4 days jail; 275 day suspension + 150 day suspension = 14 months loss of license; $700 fine
Maximum Penalty: 364 days jail; $2,000.00 fine; 14 month loss of license
Summary: Client was stopped for inoperable plate lights. Officer smelled alcohol on client's breath and client admitted to consuming alcohol. Officer had client step out to perform field sobriety tests. Client performed poorly and was arrested for OUI. Client refused to submit to a breath test.
Result: OUI Refusal dismissed at docket call and client pled guilty to Driving to Endanger for a fine of $1,000.00 and a 30 day loss of license. We had a strong motion to suppress evidence tee'd up based on no RAS for the field sobriety tests. In addition, there were some discovery violations that we were able to press to our advantage during our negotiations. Those were the primary reasons for the dismissal of the OUI refusal charge.