STATE v. J.L.
Charge: 2nd Offense OUI (4th lifetime) & Violation of a License Restriction
Mandatory Minimum Penalty: 7 days jail and 3 year loss of license on the OUI; 1 year loss of license on the Violation of License Restriction
Maximum Penalty: 364 days jail and $2,000.00 fine on the OUI; 180 days jail and $1,000.00 fine on the Violation of License Restriction
Summary: Client was reported by an anonymous tipster to be driving drunk. Local cops followed client to his home, followed him up the driveway and approached him as he was getting out of his truck. Cops smelled booze and arrested him for OUI and Violation of License Restrictions. Client contested all charges and went as far as to begin a full-on motion to suppress hearing. Initial offer on the case was for 364 days jail with all but 30 days jail suspended, followed by 1 year of probation.
Result: Prior to officers giving their testimony at the hearing, DA offered client a Deferred Disposition with the end result being a dismissal of the OUI & Violation of License Restriction charges in return for a guilty plea to Driving to Endanger.