Sample Drunk Driving Cases Handled by
Matthew B. Nichols
Case 6:
State v. S.H.
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
|
