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| OUI
Case 5 |
| State
v. B.D. |
| Defense
Attorney: Matthew B. Nichols |
| Offense:
Operating Under the Influence |
| Maximum
Sentence: 364 days in jail (minimum sanctions: 48 hours in jail,
90-day license suspension and $400.00 fine) |
Synopsis:
Client was
reported to Maine State Police by a trucker for being “all
over the road” from Freeport to Portland. The State Trooper
responding also observed erratic operation. Client failed all
field sobriety tests and was arrested and tested at a .17% BAC
on the Intoxilyzer 5000.
The defense used the cross examination of the Trooper to prove
that the field sobriety tests were improperly administered. The
defense also used the testimony of the client and expert witness,
Dr. Carolyn Howard, to establish that radio frequency interference
(RFI) caused by the Client’s cell phone altered the Intoxilyzer
result.
|
| Verdict:
Hung jury. OUI charge dismissed. |
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