STATE . J.N.
Maximum Penalty: 364 days jail; $2,000.00 fine; 1 year loss of license on the OUI Refusal. 180 days jail and $1,000.00 fine on Refusing to Sign USAC.
Mandatory Minimum Penalty: 4 days jail; $700 fine; 1 year loss of license (275 for the admin suspension and 90 days for the OUI).
Summary: Client was coming home after dinner and following a long day of work. Client was driving on a rural road when a deer jumped out in front of hime, causing him to swerve and roll the van into a ditch. Client was badly shaken up and had struck his head on the window when the van tipped over. Client had also urinated on himself due to a bladder condition. Police arrived on scene and arrested him shortly after he refused to perform field sobriety tests. Client was brought back to the police station and refused to take a breath test.
Result: On the day of jury selection, the DA offered to file all charges for no costs for a period of 9 months with the charges to be dismissed at the end of the filing period. Client accepted the offer, which was a "no-brainer" decision. Client was relieved the case was over and ecstatic with the outcome. The reason this outcome was achieved was due in large part to being prepared to pick a jury and try the case. It also helped that there were very favorable facts for the defense.