Large Truck OUI Case

Large Truck OUI Case

State v. C.A.


Blood / Alcohol Content (BAC):

Refusal

Defense:

Police Misconduct

Defense Attorney:

Matthew B. Nichols

Offense:

Operating Under the Influence-3rd offense (OUI, DUI, DWI)

Maximum Sentence:

364 days in jail (minimum sentence: 30 days in jail, 4 year license suspension, $1,000 fine).

Synopsis:

Client was a long-haul trucker and had just purchased (financed) his own rig. A conviction meant financial disaster.

A Maine State Trooper testified that Client engaged him in a high speed chase on paved roads, dirt roads, and into a potato field. Client then engaged the Trooper in a foot race and fight. Pepper-spray was needed to subdue Client. Client refused to submit to chemical testing although he was stumbling, had slurred speech, smelled of intoxicants and was combative.

Two police officers testified for the state. The defense called no witnesses. Through cross-examination of the state’s witnesses, the defense presented evidence of the extreme effects of pepper-spray and Client’s only fear of apprehension being that of receiving a speeding ticket.

Verdict:

Not Guilty



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