Sample Drunk Driving Cases Handled by
Matthew B. Nichols
Case 12:
State v. J.H.
Offense: Operating Under the Influence (OUI,
DUI, DWI)
Maximum Sentence: 364 days in jail (minimum
sanctions = 90 day license suspension and $400.00 fine)
Synopsis: If convicted, client faced loss
of two professional licenses. Client was stopped for speeding,
smelled of intoxicants, but denied drinking. He did well
on field sobriety tests but blew a test result over the
legal limit. Client rejected a plea offer of driving to
endanger and was acquitted based, in part, on the failure
of the police to properly administer his breath test. The
defense called Dr. Carolyn Howard AND the state’s chemist
to verify the unreliability of the test result
Verdict: Not Guilty
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