STATE v. F.F.
Charge: 1st offense OUI with a .16% BrAC test
Summary: Client, a master electrician, was driving and trying to use his / her phone. Client was unable to due both safely and was driving in an erratic fashion. A "concerned citizen" called 911 to report a possible drunk driver. Client pulled into a local McDonalds to grab a bite to eat when he / she was confronted by law enforcement. Client was put through a series of field sobriety tests and arrested for OUI. Client blew a .16% at the police station and was charged with OUI.
Mandatory Minimum Penalty: 48 hours jail; $500.00 fine; 150 day loss of license
Maximum Penalty: 364 days jail; $2,000.00 fine; 7 month loss of license
Summary: My client had a significant disability as one leg was shorter than the other. Client was also a diabetic. The officer never medically qualified my client for SFSTs or the breath test and as a result, the client was unable to properly perform the field sobriety tests to the satisfaction of the officer. We brought these issues to the attention of the DA who agreed to dismiss the OUI in return for a plea of guilty to DTE, which included a fine of $575.00 and a license suspension of 30 days. We had the Court order the BMV to run the 30 day DTE suspension concurrently with the previously imposed BMV suspension for the administrative OUI.