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| OUI
Case 11 |
| State
v. W.G. |
| Defense
Attorney: John Scott Webb |
| Offense:
Second Offense OUI (refusal), Class D |
| Maximum
Sentence: 364 days in jail (minimum 12 days in jail, 18 month
license suspension consecutive to any administrative suspension and
a $800 fine) |
Synopsis:
Client was
arrested by local law enforcement officer for OUI and refused
to take a test. Client was on way to working night shift and was
stopped for excessive speed and erratic operation after being
followed by the officer for over one mile. Officer had Client
perform field sobriety tests (including the “walk &
turn”, “one leg stand” and “finger to
nose”) near entrance to the industrial area. Client failed
all tests and was arrested. He was subsequently taken to the station
and offered a breath test. Client determined that he had already
given the officer “too much” evidence. He then refused
to take a test and became extremely uncooperative.
Defense counsel into question the details of the operation of
the vehicle, fairness and reliability of the field sobriety tests
and police procedures.
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| Verdict:
Not Guilty |
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