Case 15
State v. M.M.
Defense Attorney: Matthew B. Nichols
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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