March 2012 Operating Under the Influence of Alcohol
Motorist ran through red light while traveling 60 mph in a 40 mph zone. This conduct was witnesses by a police officer who was on patrol. Following his observations the officer conducted a traffic stop of the motorist. The officer approached the motorist and observed him to have a strong odor of alcohol beverage; slurred speech; and blood shot eyes. When asked if he had been drinking the motorist lied by saying Ô®o.Ô The officer subsequently administered series of field sobriety tests to the motorists all of which he failed. The officer then placed him under arrest and transported him back to the police station for a breathalyzer test. The motoristÓ³ BAC was measured at .24 three times the legal limit of .08. Accordingly the motorist was charged with Operating under the Influence of Alcohol (OUI) and Negligent Operation of a Motor Vehicle. The motorist retained Attorney Calcagni to represent him against these charges. Attorney Calcagni advocated on behalf of his client a first-time offender and successfully negotiated the charges to be resolved with a Continuation without a Finding (CWOF) for a period of twelve months. Though the motorist was sentenced to pay mandatory fees and assessments attend OUI classes and loss of license for 45 days providing he complies with these terms and is not charged with a new offense in the next twelve months the charges will be dismissed and the motorist will not incur a criminal conviction from this incident.