STATE v. M.P.
Mandatory Minimum Penalty: 48 hours jail, $500.00 fine, 150 day loss of license
Maximum Penalty: 364 days jail, $2,000.00 fine 150 day loss of license
Summary: Client was stopped for erratic operation and ultimately arrested and charged with OUI. Client performed poorly on the field sobriety tests.
Result: We discovered upon review of the Intoxilyzer video that the police officer didn't conduct a proper 15 minute wait period. In fact, the officer left the room during the wait period, thus invalidating the test. As a result, the DA agreed to a deferred disposition for a period of 1 year with the case to be dismissed after one year in return for a plea to Driving to Endanger. Client was thrilled as we saved the client a 150 day suspension as well as jail time.