STATE v. P.S.
Charges: OUI Refusal & Assault on a Police Officer
Mandatory Minimum Penalty: 4 days jail; $600.00 fine; 14 month driver's license suspension
Maximum Penalty: 364 days jail and $2,000.00 fine on each charge
Summary: Client was stopped for weaving all over the road. When asked to perform field sobriety tests, client performed poorly. Client became combative when officer attempted to handcuff the client. Client assaulted the officer by kicking him in the shins. Client was belligerent throughout entire encounter, including while being transported to the PD for a breath test. Entire encounter was recorded, which was both a blessing and a problem for our client as it confirmed some of what the client indicated happened as well as confirming some of the more damaging aspects of the police report.
Result: Assault on a Police Officer and Refusal charges were dismissed in return for a plea to a no-jail OUI and a fine of $500.00. Client avoided a 14 month driver's license suspension based on the outcome at a previously contested BMV hearing. Client also avoided jail and the more serious charge of assaulting the police officer. This case was essentially "won" at the BMV hearing where the officer's testimony was established to the state's detriment.