STATE v. H.F.
Charges: OUI & Leaving the Scene of an Accident
Maximum Penalty: $2,000.00 fine, 150 day loss of license and 364 days jail on the OUI...$1,000.00 fine, 180 days jail for Leaving the Scene of an Accident
Summary: Client was alleged to have sped away from a convenience store parking lot after striking a parked vehicle with his/her truck. Client fled to his/her home where he/she consumed an unknown quantity of alcohol. Police arrived within 30 minutes and administered field sobriety tests, which the client performed poorly on. Client was arrested for OUI and given a breath test.
Result: During the wait period portion of the breath test, client vomited 3 separate times and the officer failed to reinspect the client's mouth. Officer testified to this information at the BMV, which provided us with a basis to get the breath test excluded fort both the BMV hearing and the criminal case. As a direct result of our efforts, the OUI and Leaving the Scene of an Accident were dismissed in return for a plea to Driving to Endanger for a fine of $800.00 and a license suspension of 30 days.