STATE v. L.G.
Mandatory Minimum Penalty: 48 hours jail, $500.00 fine, 90 day loss of license
Maximum Penalty: 364 days jail, $2,000.00 fine, 90 day loss of license
Summary: Client was driving back from a local restaurant with his significant other. Client was stopped for speeding and the officer inquired if he had been drinking. The client answered "yes" and an OUI investigation was conducted. Ultimately, the client was arrested for OUI and blew above a .15% BrAC. Client was charged with OUI and Operating beyond a License Restriction.
Result: We won the BMV hearing by showing there was no probable cause to believe the client was operating under the influence. In addition, we learned that the client had informed the officer that he suffered from GERD. We brought an expert onboard to discuss the implications of the GERD and its impact on the breath test. Ultimately, the DA agreed to dismiss the OUI based on the overwhelming medical evidence and underwhelming evidence of impairment. Client agreed to plead guilty to Operating beyond a License Restriction and received a fine of $750.00.