STATE v. D.C.
Charge: OUI Refusal
Maximum Penalty: 364 days jail; $2,000.00 fine; 14 month loss of license
Mandatory Minimum Penalty: $600.00 fine; 4 days jail; 14 month loss of license
Summary: Client was from out of state and owned a vacation home in Maine. Client was driving to his vacation home when he was stopped for what appeared to be impaired driving. Client admitted to drinking earlier in the evening and agreed to perform sobriety tests. Client, who had extensively documented medical issues, performed poorly and was arrested. Cilent refused to take a breath test.
Result: DA agreed to dismiss the OUI Refusal charge due in large part on a failure by the PD to preserve important video evidence that had been previously requested by my Office. Client pled guilty to Driving to Endanger for a fine of $1,000.00 and a 30 day loss of license. Client was able to continue to drive back in his/her home state as he/she was never convicted of the OUI.