Military and Criminal Defense

Wednesday, March 21, 2012

Operating Under the Influence Case Results

If you are facing charges for OUI, Drug Possession, or any kind of Sexual Assault crime, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for assistance and a free consultation.

OUI 2nd for Alcohol; OUI for Drugs; and Annoying a Person of the Opposite Sex: OUI First-Offender Sanctions Imposed and All Other Charges Dismissed. 

Police received a report of a motorist following a city garbage truck during the early morning hours.  The report indicated that the motorist was believed to be intoxicated and was soliciting a female garbage trucker worker to perform a sexual act on him.   Police arrived on the scene and stopped the motorist.  At the time of the stop, officers detected a strong odor of an alcoholic beverage emanating from the motorist, as well as observed him to have both blood shot eyes and slurred speech.   During a discussion with the motorist, he admitted to having consumed several beers earlier in the night and appeared to be disoriented.  Officers administered a battery of field sobriety tests to the motorists all of which he failed.  Officers than placed the motorist under arrest and transported to the police station.  He then participated in a breathalyzer test that measured his BAC to be .24 –three times the legal limit of .08.  During the booking process, officers discovered a bottle of narcotic mediation on the motorist’s person person.   As a result of the foregoing, police charged the motorist with Operating under the Influence (OUI) of Alcohol (2nd Offense); OUI of Narcotics; and Annoying a Person of the Opposite Sex.  Attorney Calcagni represented the motorist.  At a pretrial conference, Attorney Calcagni successfully negotiated to have the OUI for Narcotics and Annoying a Person of the Opposite Sex charges dismissed.  Attorney Calcagni further negotiated for the motorist to be treated as a first-time offender for purposes of the OUI of Alcohol charge.  The motorist was then sentenced to a Continuation without Finding for twenty-four (24) months with minimum first-time OUI offender sanctions.  Providing the motorist is not charged with a new offense during this period, his case will be dismissed in two years and he will not incur a criminal conviction from this incident. 

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