Case Results

207-571-8146

STATE v. J.E.

Breaking 20ball 20and 20chain
Offense: OUI Refusal

Synopsis: Client was stopped for allegedly exceeding the speed limit by greater than 30mph. Arresting officer testified that the client exhibited signs of impairment that included slurred and slow speech, clues on the SFSTs, including 6 clues on HGN as well as difficulty with completing the ABCs. Client was subsequently arrested for suspicion of OUI and subsequently refused to submit to a breath test.

Client testified in his defense and was found to be a reliable and credible witness. Client testified as to being legally blind in one eye which disqualified him as a candidate for HGN and upon hearing his speech pattern, it was determined that the slurred speech the officer observed was just a nuance of his particular speech pattern. Client further testified to chemicals that he was exposed to during the course of his employment which mimicked the odor of alcohol and was present on his clothing on the day of the stop.

Result: Following a lengthy hearing before the BMV, the 9 month administrative suspension was dismissed for a lack of probable cause to believe the client was operating a motor vehicle under the influence.

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.

WTB Law

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