STATE v. J.Nvt.
Maximum Penalty: 364 days jail on the OUI and a $2,000.00 fine; 180 days and a $1,000.00 fine on each class E misdemeanor
Mandatory Minimum Penalty: 48 hours jail, $500.00 fine, 90 day loss of license
Summary: Client had just returned home from a combat tour of duty in Afghanistan and was taking a vacation with his girlfriend in southern Maine. Like many of our veterans, the stress of combat had unforeseen effects on my client, including irrational behavior when confronted by an authority figure and a flight or fight response due to stress. Client was severely intoxicated and lost control of his vehicle, striking a mailbox and going off the road. Client became combative when confronted by local police and was ultimately arrested for OUI. Client attempted to fight the officer during the breath testing process.
Result: to the client's excellent service history and the well known effects of PTSD on veterans, the DA agreed to dismiss all the charges as part of a deferred disposition agreement with the end result being a conviction on a Driving to Endanger charge with a $1,000.00 fine. This allowed the client to remain in the military and finish out his service through retirement.