Third OUI Offense
State v. S.P.
Blood / Alcohol Content (BAC):
Refusal
Defense:
Third Offense, Lack of Credibility of Police
Defense Attorney:
Matthew B. Nichols
Offense:
Third Offense Operating Under the Influence (OUI, DUI, DWI)
Maximum Sentence:
364 days in jail (minimum sanctions = 40 days in jail, 4 year license suspension and $1,200.00 fine)
Synopsis:
Client was in jeopardy of losing professional license and rejected plea offer for “no jail” disposition. According to police, client was found spinning his tires in an attempt to extricate his vehicle from a snow bank into which he had driven. Police reported he was spinning his tires, admitted driving drunk, attempted to flee on foot and was extremely intoxicated.
The defense established that client’s friend had been driving when they got stuck; she left the scene to get another vehicle for a tow; no keys were at the scene or in Client’s possession, and generally that the arresting officer fabricated her testimony regarding client’s admissions to prior driving and/or attempting to drive out of the snow bank.
Verdict:
Not Guilty (approximately 4 minutes of jury deliberations).
