STATE v. K.M. pt.1
Charge: OUI Refusal & Possession of Marijuana
Mandatory Minimum Penalty: 14 month loss of license; 96 hours jail; $600 fine (OUI Refusal): $350 fine (MJ)
Maximum Penalty: $2,000.00 fine; 364 days jail; 14 month loss of license
Summary: Defendant was driving with a group of friends in his car when he was stopped for an alleged plate light violation. Defendant was then administered field sobriety tests, which he appeared to perform well on. Defendant was arrested for suspicion of OUI and brought in for a breath test. Defendant was searched and a baggie of marijuana was found on his person. Defendant refused to take a breath test after his mother was called into the station and she advised him not to submit. Defendant was 16 years old at the time of the arrest.
Result: Filed for a period of one (1) year with no costs. End result is that both charges will be dismissed. DA agreed that there were significant proof problems with the case and that the stop was questionable.