August 12, 2026
Operating Under the Influence of Alcohol
Threat to Commit a Crime
The client was a pleasant gentleman charged with threats against police officers and Operating under the influence of alcohol. Good-natured bystanders observed him driving erratically——and called the police. When officers arrived, they found the client in his vehicle with the engine running at the driveway at his home. Clear signs of intoxication were apparent, and the observations of the civilian witnesses were credible. Police then spoke with the client’s girlfriend, who, in good faith, answered their questions. She confirmed that the couple had been drinking, that the client had insisted on driving, and that he had in fact been operating the vehicle. These facts were sufficient to support a charge of operating under the influence of alcohol. At the police station the client was video- and audio-recorded. He became belligerent, aggressive, and threatening towards officers, making a variety of threatening statements. As a result, he was also charged with threats. The clerk-magistrate set bail at $25,000 based on the facts and circumstances of the case. Defense strategy from the outset the primary goal was to sever the threats charge from the OUI charge among other. Because guilt on the threat’s allegation was clear, a full trial on that count was not advisable. Counsel therefore pursued a partial plea: resolve the threats charge in a manner that would allow a continuation without a finding (CWOF), so the charge would ultimately be dismissed. The strategy succeeded. The threats charge was continued without a finding and will be dismissed after six months. On the OUI charge, a motion to suppress the client’s statements was litigated. When all civilian and police witnesses appeared for the hearing, counsel elected to tender a plea and request a continuation without a finding to protect the client’s record. Although the case was not tried to a jury, every viable avenue was explored and pursued.
Result: Neither charge resulted in a conviction.