Facing an oui charge. Blew a .09 after the officer failed to administer the test two different times. At one point he left the room for about 1 minute to get help from another officer. Once he returned he was able to get an actual reading. I've read that the a breathalyzer must be turned on and warmed up before the testing can occur and that was not the case. I've also read that the officer must monitor the person being tested 20 minutes before administering the test. Again, the officer left the room leaving me alone with a friend, just before getting the reading they wanted. Is there anyway I can get the charge reduced to something like wreckless driving or possibly get the charge lifted all together? Thanks for the help!!
Criminal Defense Attorney
Anything is possible if you are willing to proceed to trial. There are certain protocols that must be followed when an intoxilyzer is used. You need to consult with an experienced OUI attorney as soon as possible.
My response to your question is a generic response and should not be construed as controlling to your case. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. You can contact my office to schedule an appointment if you would like to have me represent you.
The most subtle legal nuances of your affirmative defense have to come at trial for the trier of fact only after your retained or appointed counsel carefully reviews the case and concentrates on its weak stress points. Without fully reviewing the evidence no one could assure you whether you may prevail on the case.
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Criminal Defense Attorney
Attorney LeBrasseur is right. Anything is possible and some of the issues you mention could help your case. Visit my site linked below for information about Maine OUI charges and possible defenses.
<a href="http://lukerioux.com/">My site has more info</a>|<a href="//plus.google.com/102753054318166700395?prsrc=3" rel="publisher" style="text-decoration:none;"> <img src="//ssl.gstatic.com/images/icons/gplus-16.png" alt="Google+" style="border:0;width:16px;height:16px;"/></a>|<br> The answer above is not a complete legal opinion. I have very limited information about your case and I am not your attorney. If you want to discuss your situation in more detail, you can contact me directly.