STATE v. J.L.
Charge: OUI Refusal
Mandatory Minimum Penalty: 14 months loss of license; $600 fine; 4 days jail
Maximum Penalty: 14 months loss of license; $2,000.00 fine; 364 days jail
Summary: Client was driving on the wrong side of the road when he nearly struck a local police cruiser head on. Client was stopped and ultimately asked to perform field sobriety tests. Client failed all SFSTs miserably. Client was brought the sheriff's office where he refused to take go in and complained that he was feeling "suicidal". Client then admitted to the office that he was delaying as long as possible so he could sober up. Client was brought to the hospital and ultimately refused to submit to a blood test. Client pretended he couldn't speak english and that he couldn't understand anything be asked of him. All of this was captured on video, which obviously hurt the client's cause.
Result: Through lengthy negotiations, the DA agreed to strike the Refusal and client pled guilty to OUI for a fine of $500 and no jail. This was a particularly difficult case as all of the interaction between the officer and the client was captured on video. Furthermore, the client was extremely belligerent during the investigation and booking process.