STATE v. A.J.
Maximum Sentence: 364 days jail and a fine of $2,000.00.
Mandatory Minimum Sentence: $500 fine and a license suspension of 90 days on the OUI and a fine of $400 on the possession of marijuana charge.
Synopsis: Client was stopped for speeding. Client performed the field sobriety tests to the officer's satisfaction but failed the HGN portion of the SFSTs. However, it was learned during the course of the BMV hearing that the officer failed to shut down his flashing blues which may have actually caused optokinetic nystagmus which is not alcohol induced. As a result of the BMV hearing, a favorable disposition on the criminal case was obtained.
Result: Client pled guilty to the charge of Driving to Endanger for a fine of $575 and a 30 day loss of license. The OUI and marijuana charges were dismissed as part of the plea agreement.