STATE v. M.C.
Maximum Sentence: 364 days jail; 90 day loss of license; $2,000.00 fine
Mandatory Minimum Sentence: $500 fine; 90 day loss of license
Summary: Client was stopped for speeding. While speaking with the client, police officer noticed that the client had "booze" on his breath and that his movements appeared to be slow and deliberate. Officer also indicated client had slurred speech. Client was put through some field sobriety tests and ultimately, arrested for suspicion of OUI. Client blew a .10% BrAC back at the station.
Result: Client was applying for US citizenship and this case was keeping him from doing so. Client was concerned that a conviction would result in a denial of his citizenship application and since he was recently married and had a good job here in the states, couldn't afford to see that fall apart. While reviewing police video that was provided to me by the DA, I learned that the wait period was improperly performed. DA agreed that the case could not proceed to trial. OUI was dismissed in exchange for a traffic ticket for failure to maintain lane.