STATE v. D.C.
Charge: OUI Refusal
Mandatory Minimum Penalty: 4 days jail; $600.00 fine; 14 months loss of driving privileges
Maximum Penalty: 364 days jail; $2,000.00 fine; 14 months loss of driving privileges PLUS additional license suspension by client's home state.
Summary: Client was observed leaving a local bar and was said to be weaving all over the road. According to the arresting officer, client appeared to be heavily intoxicated, failed all of the field sobriety tests and admitted to recent consumption of alcohol. It didn't help that the client had out of state plates.
Result: Client was brought to the local PD for a breath test and refused to take the test. When I was first brought in to handle the client's case, I sent a letter to the PD requesting them to preserve the video evidence. That request was not complied with, which resulted in a dismissal of the OUI Refusal charge and the client pled guilty to Driving to Endanger. My client was extremely relieved.