November 25th 2019
Operating Under the Influence
Leaving the Scene of Property Damage
Failure to Stop for a Police Officer
Client was a very pleasant young woman who was charged with OUI, Leaving the Scene of Property Damage and Failure to Stop for Police. According to Police, she was driving home after having a few drinks and inexplicitly crashed into another car. She was then approached by Police. Eventually, she got into her car and attempted to leave the scene despite commands by police to stop. When she left she struck another car. She was taken to the hospital and consented to a draw of her blood for evaluation. After the consultation it was clear the client wanted to plea the matter out. However, this case had a few more obstacles. First, she has a blood-draw of when she was taken to the hospital. Normally, blood draw is fairly rare, and this was no exception. Given the accuracy of a blood-draw we had to ensure that she blood alcohol content was over the legal limit and that the necessary form and releases were followed. That process took some months. Additionally, the police department issued an immediate threat hold on her license, so she was unable to operate a motor vehicle pending that outcome of the case. And finally, although she is a legal resident, she was not a citizen, so we had to consult with her immigration attorney. After negotiation with the District Attorney, they agreed to Dismiss the Leaving the Scene Charge and Failure to Stop for Police. But wanted an in-patient two-week detoxication program, alcohol screens and one-year loss of license. Another District Attorney stepped in and withdrew many of the conditions when the plea was being entered and finally, and most importantly, the judge gave her a continuation with a finding and manumit fines and fees. Immigrations rights and anticipated citizenship is persevered.
RESULT: OUI Continued without a Finding and All Other Charges DISMISSED.
