Deferred Disposition on a 4th Offense OUI

I represented a client recently facing a fourth offense OUI with a single car accident.  A fourth offense OUI carries a mandatory minimum jail sentence of 6 months, a $2,100 fine, and a 6 year loss of license.  My client faced a maximum sentence of 5 years and a $5,000 fine.  My client suffers from anxiety, depression, and substance abuse.  At the time of this offense he had given up all hope and was attempting to kill himself.  He unbuckled his seat belt and drove into a patch of trees.  Fortunately, he survived.  Following the accident he was rushed to the hospital where it was determined that his blood alcohol was .18%.  Following the accident the client become serious about turning his life around.  He was able to get into an in-patient treatment program to address his co-occurring disorders.  He engaged in the follow up care that was suggested.  Today, he is still in treatment but doing well.

I was able to personalize my client and use his treatment records to demonstrate that he was committed to his recovery.  I was able to convince the court and prosecutor that  incarceration was not the answer.  Putting him into custody would undo all the work he did to address his substance abuse and mental health issues.  It is common knowledge the individuals with substance abuse and/or mental health issues typically leave incarceration worse off then when they entered.

We were able to reach an agreement that required my client to plead guilty to the fourth offense OUI but continued sentencing for 1 year with various conditions that my client must follow.  Assuming my client complies with all the conditions he will not go to jail nor will he be convicted of an OUI.  I believe my client can, and will, succeed.

Thank you to the prosecutor and judge for keeping an open mind and taking a chance on my client.  Through my client’s hard work and dedication to his recovery my office was able to achieve this result.

This is an unusual result for a 4th offense OUI but this was a different client who deserves the chance.

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