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"When pleading guilty to a DUI is not a viable alternative"SM Sample Drunk Driving Cases Handled by Matthew B. Nichols, Esq.Case 11: Defense Attorney: John Scott Webb Offense: Second Offense OUI (refusal), Class D Maximum Sentence: Synopsis: Client was arrested by local law enforcement officer for OUI and refused to take a test. Client was on way to working night shift and was stopped for excessive speed and erratic operation after being followed by the officer for over one mile. Officer had Client perform field sobriety tests (including the “walk & turn”, “one leg stand” and “finger to nose”) near entrance to the industrial area. Client failed all tests and was arrested. He was subsequently taken to the station and offered a breath test. Client determined that he had already given the officer “too much” evidence. He then refused to take a test and became extremely uncooperative. Defense counsel into question the details of the operation of the vehicle, fairness and reliability of the field sobriety tests and police procedures. Result: Not Guilty
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