STATE v. L.L.
Mandatory Minimum Penalty: 48 hours jail; 90 day loss of license; $500.00 fine
Maximum Penalty: 364 days jail; 90 day loss of license; $2,000.00 fine
Summary: Client was stopped for speeding by local law enforcement. When stopped, the officer could smell alcohol on my client's breath. He admitted to consuming 6 beers earlier in the evening and had bloodshot, glassy eyes and slurred speech. Officer asked client to perform field sobriety tests, which he agreed to do. Client performed poorly and was arrested for OUI. Client was brought back to the police station where he blew a .17% BrAC and was summonsed for OUI.
Result: We were able to get the client's charges reduced to Driving to Endanger due in large part to the discrepancy in the officer's report and the Intoxilyzer test. The officer indicated that the start of wait period was at 1:05am. In reality, that was the time of the stop and officer couldn't account for the discrepancy and couldn't testify as to when the wait period actually occurred. Hence, the willingness of the DA to offer the DTE.