September 2017 - Second Offense Dismissed
My client was pulled over for operating his motor vehicle on the wrong side of the road. After being pulled over, my client was instructed to perform the Standardized Field Sobriety Tests, specifically the Horizontal Gaze Nystagmus, the Walk and Turn, the One Leg Stand, and the Recitation of the Alphabet. After performing these tests, my client submitted to a portable breath test which indicated a blood alcohol level of .142. Once transported to the police department, my client submitted to the breath test there, which indicated a blood alcohol concentration of .174 and then the second test was a .171.
Potential incarceration for no less than 60 days, 30 days mandatory, with a fine between $600 and $10,000, in addition to a 2-year loss of license for the conviction.
I filed a motion to suppress the breath test which convinced the DA's Office to successfully dismiss the OUI-Liquor, Second Offense, charge. My client's case was dismissed and he only accepted responsibility for negligent operation of a motor vehicle.