Sample Drunk Driving Cases Handled by
Matthew B. Nichols
Case 16:
State v. S.P.
Offense: 3rd Offense Refusal Operating Under
the Influence (OUI, DUI, DWI)
Maximum Sentence: 364 days in jail (minimum
sanctions = 40 days in jail, 4 year license suspension and
$1,200.00 fine)
Synopsis: Client was in jeopardy of losing
professional license and rejected plea offer for “no
jail” disposition. According to police, client was
found spinning his tires in an attempt to extricate his
vehicle from a snow bank into which he had driven. Police
reported he was spinning his tires, admitted driving drunk,
attempted to flee on foot and was extremely intoxicated.
The defense established that client’s
friend had been driving when they got stuck; she left the
scene to get another vehicle for a tow; no keys were at
the scene or in Client’s possession, and generally
that the arresting officer fabricated her testimony regarding
client’s admissions to prior driving and/or attempting
to drive out of the snow bank.
Verdict: Not Guilty (approximately 4 minutes
of jury deliberations).
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