February 2012 OUI 2nd for Alcohol; OUI for Drugs

Motor Vehicle Offenses

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 ״hree times the legal limit of .08. During the booking process officers discovered a bottle of narcotic mediation on the motoristӳ 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.