Sample Drunk Driving Cases Handled by
Matthew B. Nichols

OUI Case 19

State v. S.C.

Defense Attorney: Matthew B. Nichols

Offense: Operating Under the Influence (OUI, DUI, DWI)

Maximum Sentence: 364 days in jail (minimum 4 days in jail due to refusal to submit to a chemical test, 90 day license suspension, $600 fine)

Synopsis:

Client was observed operating erratically in South Portland, including speeding over the Casco Bay Bridge. Following the stop of the client’s vehicle the arresting officer had client submit to a number of field sobriety tests all of which he purportedly failed. Client subsequently refused to submit to a breath test. At trial, the arresting officer testified regarding the erratic operation and poor performance on field sobriety tests. Client also testified regarding the manner in which field sobriety tests were conducted. Specifically, client indicated that he was requested to perform field sobriety tests at the apex of the Casco Bay Bridge in the middle of winter with high winds and sub-zero wind chill factors. The defense also highlighted the lack of sufficient information given pursuant to the implied consent form.

Verdict: Not Guilty