STATE v. B.A.
Maximum Sentence: 364 days jail and a fine of $2,000.00.
Mandatory Minimum Sentence: $700 fine, 7 days jail and a 3 year loss of license.
Synopsis: Client was stopped for erratic operation. Client failed the field sobriety tests and a breath test result of .12% was obtained. The breath test was captured on departmental video and showed that the client had all of his mental/physical faculties, in spite of the officer's testimony. Client suffered from a chronic case of GERD and had severe problems with his knees and back.
Result: Based on the employment of an expert witness to testify to the GERD issue and his debilitating physical issues, the state agreed to dismiss the 2nd offense OUI charge and he pled guilty to Driving to Endanger. Client had an out-of-state driver's license and an OUI conviction would have resulted in a loss of his license and employment.