OUI FAQ's
SHOULD I FIGHT IT OR PLEAD?
Fight! While everyone’s situation
is different, in most cases you will receive the same
penalty after trial as you would if you plead guilty or
admitted to sufficient facts. People who fight their cases
have a better than 50% chance of winning. Hiring a lawyer
who concentrates in these cases your chances increase
significantly.
WILL THE JUDGE OR JURY KNOW IT’S
MY 2nd OR SUBSEQUENT OFFENSE?
NO. In over 15 years I have never
had a case where the jury (or judge) was allowed to consider
that information.
CAN I GET A WORK LICENSE?
NO. Unless your license loss is 1
year or longer no hardship licenses are permitted by the
Registry of Motor Vehicles.
WHAT ARE THE EFFECTS OF A NOT GUILTY/DISMISSAL/NOLLE
PROS IN OUI CASES ON CHEMICAL TEST REFUSALS AND FAILURES?
When the operator is under a 90 suspension
for failing a breath test:
The Not Guilty or Dismissal (incl. Nolle Pros) will terminate
the 90 day suspension as soon as the RMV has notice of
the court finding.
When the operator is under a 120 day
(or more) suspension for refusing the test:
The finding does not automatically terminate
the suspension, but in the great majority of cases the
license is returned upon motion.
