Blacked Out OUI Case
State v. M.M.
Blood / Alcohol Content (BAC):
3rd Offense, Prosecutorial Incompetence
Matthew B. Nichols
3rd Offense Operating Under the Influence (OUI, DUI, DWI)
364 days in jail (minimum sanctions = 40 days in jail, 4 year license suspension and $1000.00 fine)
Client was “blacked out”. Client was stopped for erratic operation driving wrong way on a one way street in the Old Port. Two officers testified to client’s extreme Intoxicated state.
Attorney Nichols moved for, and was granted, a judgment of acquittal because the prosecutor failed to have the officers identify Client in court as the driver of the vehicle.
Guilty. Reversed by trial judge for insufficient evidence; not guilty verdict entered.