STATE v. F.B.
Maximum Penalty: 364 days jail; 150 day loss of license; $2,000.00 fine
Summary: Client was reported as driving all over the road by 3 independent parties. Local law enforcement responded to the area and captured the client's drunken driving on video (client was driving in the wrong lane). Client was stopped and ultimately arrested for suspicion of OUI. Client was brought to the police station where he blew a .12% BrAC.
Result: We retained an expert on the issue of GERD (gastroesophageal disease) who testified at the BMV hearing. As a result of the expert's testimony, the BMV suspension was rescinded. In addition, this gave us the ammunition we needed to secure a dismissal of the OUI charge and the client instead pled guilty to Driving to Endanger for a fine of $575.00 and a 30 day loss of license.