STATE v. N.S.
Charges: OUI (2nd offense) with a high test (.21% BrAC)
Mandatory Minimum Penalty: 3 year loss of license; 7 days jail; $700 fine
Summary: Client was stopped for speeding and ultimately arrested for OUI. The key in this case is that the client's previous OUI was wrongfully obtained and in violation of the client's constitutional right to counsel. We filed a motion to strike the prior OUI as a negotiating tactic since the new OUI was essentially indefensible.
Result: DA was originally looking for jail time as well as probation. As a result of the pending motion to strike, the DA agreed to reduce the charge to a 1st offense OUI resulting in imposition of a sentence that included the alternative sentencing program and a 150 day loss of license.