Sample Drunk Driving Cases Handled by
Matthew B. Nichols
Case 15:
State v. M.M.
Offense: 3rd Offense Operating Under the
Influence (OUI, DUI, DWI)
Maximum Sentence: 364 days in jail (minimum
sanctions = 40 days in jail, 4 year license suspension and
$1000.00 fine)
Synopsis: Client was “blacked out”.
Client was stopped for erratic operation driving wrong way
on a one way street in the Old Port. Two officers testified
to client’s extreme Intoxicated state. Attorney Nichols
moved for, and was granted, a judgment of acquittal because
the prosecutor failed to have the officer’s identify
Client in court as the driver of the vehicle.
Verdict: Guilty. Reversed by trial judge
for insufficient evidence; not guilty verdict entered.
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