STATE v. S.S.
Charges: OUI (.16% BrAC)
Mandatory Minimum Penalty: $500.00 fine; 48 hours jail; 150 day loss of license
Maximum Penalty: $2,000.00 fine; 364 days jail; 150 day loss of license
Summary: Client was stopped for speeding on a desolate roadway in northern Maine. Client pulled over without issue and admitted to drinking a beer earlier in the evening. Inside the car was an partially consumed 12-pack of beer. Police officer ordered the client out of the car for the purpose of performing field sobriety tests. Client performed poorly and was arrested for OUI. Client blew a .16% BrAC and was charged with an aggravated OUI.
Result: We conducted a hearing on a motion to suppress illegally obtained evidence. We argued that no evidence collected at the time of the stop would support a reasonable suspicion that my client was under the influence of alcohol. The judge agreed and granted the motion to suppress evidence. As a result, the state was forced to dismiss the charge! Client was estatic as we previously prevailed at the BMV and therefore, the client avoided any blemish on his criminal and motor vehicle history.