This summer, my client was stopped by South Portland police while driving on Route 295. He was charged with a second offense OUI with a refusal to take the Intoxilyzer test, and Operating After Suspension. The prosecutor's office was seeking a fine, 12 days in jail, and a three-year license suspension.

After reviewing the arresting officer's in-car video, I felt there were decent grounds for a Motion to Suppress because my client's driving might not have given the officer probable cause to pull him over.

This morning I met with the prosecutor in Portland and pushed the issue of probable cause. After reviewing the video he agreed to reduce the OUI to a first offense and drop entirely the refusal to take the test . My client paid a fine and was saved nearly two weeks in jail. He is still subject to the three-year license suspension from the Department of Motor Vehicles

AuthorJonathan Handelman