STATE v. B.H.
Maximum Sentence: 1 year on OUI along with a suspension of 90 days; 5 years on the Oxycodone, 6 months on the DTE; 364 days on the second drug charge.
Synopsis: Client was stopped for erratic operation. Client was driving with his wife and marijuana had been smoked recently during the drive. Officer believed he developed probable cause to search the vehicle without consent. 2 different types of prescription medications were found in client's vehicle, including Oxycodone. Client was arrested for possession of drugs and brought back to the station to take a breath test. Client was given a DRE examination and was charged with an additional crime of OUI.
Result: Search was problematic for the state and client had a prescription for the 2nd drug that was found. State agreed to dismiss the 2nd drug charge, filed the felony for a period of 1 year, dismissed the DTE and client pled guilty to the OUI for a fine of $500 + 90 day loss of license and 48 hours at the alternative sentencing program.