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| OUI
Case 6 |
| State
v. S.H. |
| Defense
Attorney: Matthew B. Nichols |
| Offense:
Operating Under the Influence (OUI, DUI, DWI) |
| Maximum
Sentence: 364 days in jail (minimum 48 hours), 90-day license
suspension, $400 fine |
Synopsis:
Client was
in jeopardy of losing license to practice medicine when charged
with OUI in Maine. The arresting officer testified that Client
was driving without headlights at night and operating erratically.
Client failed roadside sobriety tests, but he did well on balance
tests at the police station. Client provided a breath test on
the Intoxilyzer 5000 with a result of .15%
.
The defense introduced evidence that calibration checks were not
properly conducted on the Intoxilyzer 5000. Further, Client testified
regarding his problem with acid reflux disease, hence the breath
sample was contaminated with residual mouth alcohol.
The State called the arresting officer and its forensic chemist.
Client testified as did the defense forensic chemist.
|
| Verdict:
Not Guilty |
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