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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 15: 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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