September 2017 - First Offense Dismissed
Facts:
The police originally stopped my client for speeding and negligent operation of a motor vehicle. He was subsequently arrested based on those charges. Once the he was transported to the police department, he was asked to perform Field Sobriety Tests. He performed these tests and refused the breath test. As a result, he was additionally charged with operating under the influence of alcohol.
Maximum Penalty:
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.
Outcome:
The police department was unable to produce a copy of the booking video despite stating in the police report that my client was record. I filed a motion to dismiss for lost and destroyed evidence which successfully resulted the dismissal of my client's OUI-Liquor charge. Not only was the charge dismissed, but the restoration of his license was successful too!