STATE v. N.G.
Charges: OUI & Criminal Speed
Maximum Penalty: 18 months jail if convicted on both charges and a $3,000.00 fine
Summary: Client was stopped for speeding, 68mph/35mph zone. Officer could smell booze on my client's breath and my client perform field sobriety tests. Client performed reasonably well but was arrested anyway for OUI and Criminal Speed. Client tested at a .14% BrAC.
Result: We immediately filed a preservation of evidence request with the police department in order to preserve videos from the Intoxilyzer room. Ultimately, the police failed to preserve the video as requested. DA dismissed both charges immediately prior to hearing.