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| OUI
Case 14 |
| State
v. D.L. |
| Defense
Attorney: Matthew B. Nichols |
| Offense:
Operating Under the Influence (OUI, DUI, DWI) |
| Maximum
Sentence: 364 days in jail (minimum sanctions = 90 day license
suspension and $400.00 fine, 48 hours in jail) |
Synopsis:
Client was
stopped for erratic operation and “hooting” in the
Old Port. According to 20 year veteran arresting Sergeant: client
failed all field sobriety tests badly, admitted to driving drunk
and kept changing his drink history. Client and his dentist testified
regarding his bleeding gums (mouth alcohol contamination) due
to third stage chronic periodontal disease. The defense also called
Dr. Carolyn Howard to testify regarding the Intoxilyzer results,
which were consistent with mouth alcohol contamination.
|
| Verdict:
Hung Jury. Operating Under the Influence (OUI, DUI, DWI) dismissed. |
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