STATE v. A.D.
Charge: OUI (.17%)
Mandatory Minimum Penalty: 48 hours jail; 150 day loss of license; $500.00 fine
Maximum Penalty: 364 days jail; 150 day loss of license; $2,000.00 fine
Summary: Client was stopped for driving at night without his headlights on. Client was given sobriety tests and performed poorly. Client was brought to the local police station and administered a breath test where he/she blew a .16% BrAC.
Result: A preservation of evidence request for cruiser and intoxilyzer video was timely filed with the police department and DA's office. However, the police cruiser video could not be obtained and the intoxilyzer video cut off before the 2nd sample was obtained. As a result, we successfully negotiated a deferred disposition with the end result being a Driving to Endanger. Client was thrilled as a conviction would have meant he would lose his/her job as he/she couldn't drive back and forth to work.