STATE v. D.P.
Charge: OUI Refusal
Mandatory Minimum Penalty: 4 days jail; 275 day license suspension; $600 fine
Maximum Penalty: 364 days jail; $2,000.00 fine
Summary: Client was driving the wrong way down Route 95. Client was able to safely exit the highway. However, Client's car and plate number was called in to the State Police who stopped the client later in the evening. Client performed poorly on field sobriety tests, admitted to being intoxicated and admitted that he was driving the wrong way down Rt. 95. Client was arrested for OUI. Since there was a problem with the breath testing device, client was offered a blood test. Client was refused and was charged with OUI Refusal.
Result: There were some serious evidentiary issues that we were able to exploit to my client's advantage. As a result of those evidentiary deficiencies, the DA agreed to dismiss the OUI and my client pled guilty to Driving to Endanger for a fine of $750.00, a 30-day loss of license and enrollment in the 48 hour ASP program. Client avoided the BMV suspension as well so instead of serving 14 months under suspension, the Client only had to serve 30 days of suspension time.