Sample Drunk Driving Cases Handled by
Matthew B. Nichols
Case 14:
State v. D.L.
Offense: Operating Under the Influence (OUI,
DUI, DWI)
Maximum Sentence: 364 days in jail (minimum
sanctions = 90 day license suspension and $400.00 fine,
48 hours in jail)
Synopsis: Client was stopped for erratic
operation and “hooting” in the Old Port. According
to 20 year veteran arresting Sergeant: client failed all
field sobriety tests badly, admitted to driving drunk and
kept changing his drink history. Client and his dentist
testified regarding his bleeding gums (mouth alcohol contamination)
due to third stage chronic periodontal disease. The defense
also called Dr. Carolyn Howard to testify regarding the
Intoxilyzer results, which were consistent with mouth alcohol
contamination.
Verdict: Hung Jury. Operating Under the
Influence (OUI, DUI, DWI) dismissed.
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