“Erratic Operation” OUI Case
State v. B.D.
Blood / Alcohol Content (BAC):
.17%
Defense:
Radio Frequency Interference – Cell Phone
Defense Attorney:
Matthew B. Nichols
Offense:
Operating Under the Influence
Maximum Sentence:
364 days in jail (minimum sanctions: 48 hours in jail, 90-day license suspension and $400.00 fine)
Synopsis:
Client was reported to Maine State Police by a trucker for being “all over the road” from Freeport to Portland. The State Trooper responding also observed erratic operation. Client failed all field sobriety tests and was arrested and tested at a .17% BAC on the Intoxilyzer 5000.
The defense used the cross examination of the Trooper to prove that the field sobriety tests were improperly administered. The defense also used the testimony of the client and expert witness, Dr. Carolyn Howard, to establish that radio frequency interference (RFI) caused by the Client’s cell phone altered the Intoxilyzer result.
Verdict:
Hung jury. OUI charge dismissed.
