Sample Drunk Driving Cases Handled by
Matthew B. Nichols
Case 7:
State v. C.A.
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 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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