STATE v. S.R.
Maximum Sentence: 364 days jail and a fine of $2,000.00.
Mandatory Minimum Sentence: $500 fine and a license suspension of 90 days.
Synopsis: Client was called in as possible drunk driver by a concerned citizen. Client had been traveling home from out of state and when questioned by the officer allegedly made damaging admissions such as "I'm too drunk to take this test" and performed poorly on the entire batter of field sobriety tests. Following cross-examination of the arresting officer, Counsel learned that the arresting officer was "green" and administered every field sobriety test in the incorrect manner, thus violating the standardization principles and calling the results of those tests into question. Client also suffered from chronic heartburn and took Prilosec for his acid reflux on a daily basis. As a result of the officer's testimony at the BMV hearing and in light of the credible explanations for the client's performance on the SFSTs, the State agreed to resolve the case through a plea to the charge of Reckless Conduct. As a result, the client was able to keep his license and there was no impact to his insurance as it was a non-driving offense.
Result: Client pled guilty to the charge of Reckless Conduct for a fine of $700 and the OUI charge was dismissed.