October 2017 - Motion to Withdraw OUI First Offense Guilty Plea Allowed
My client had a closed case where he was convicted of OUI - First Offense from 2014. He had submitted to a breath test and that was used as evidence against him.
Imprisonment for not more than 2 1/2 years, or not less than $500, or both, plus $50 Victims of Drunk Driving Assessment, $250 Head Injury Assessment, and license revoked for 1 year.
The breath test result used to prosecute my client was obtained from a breathalyzer device that was last calibrated between June 2011 and September 14, 2014. Based on Judge Brennan's decision in Commonwealth v. Ananias, this breath test result is now presumptively excluded from evidence and cannot be used to prosecute a defendant. I filed a motion to withdraw the OUI-1st offense conviction based on Judge Brennan's decision. The motion to withdraw was allowed and re-opened the case. The Commonwealth chose not to further prosecute my client and dismissed the charge. My client now is able to obtain his license and continue his professional career, which was put on hold based upon this loss of license.